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SUBCHAPTER I—LAW ENFORCEMENT AND CRIMINAL

VIEWS: 3 PAGES: 90

									                                                                              SUBCHAPTER I—LAW ENFORCEMENT AND CRIMINAL
                                                                                             INVESTIGATIONS

                                                                                PART 630 [RESERVED]                              (a) Active U.S. Armed Forces per-
                                                                                                                               sonnel of the Army, Air Force, Navy,
                                                                     PART 631—ARMED FORCES DIS-                                and Marine Corps, and the Coast Guard
                                                                                                                               wherever they are stationed.
                                                                       CIPLINARY CONTROL BOARDS                                  (b) U.S. Armed Forces Reserve per-
                                                                       AND OFF-INSTALLATION LIAISON                            sonnel only when they are performing
                                                                       AND OPERATIONS                                          Federal duties or engaging in activities
                                                                                                                               directly related to performing a Fed-
                                                                                    Subpart A—General                          eral duty or function.
                                                                     Sec.                                                        (c) National Guard personnel only
                                                                     631.1    Purpose.                                         when called or ordered to active duty
                                                                     631.2    Applicability.                                   in a Federal status within the meaning
                                                                     631.3    Supervision.                                     of Title 10, United States Code.
                                                                     631.4    Exceptions.
                                                                                                                               § 631.3 Supervision.
                                                                        Subpart B—Armed Forces Disciplinary
                                                                                  Control Boards                                  The following will develop and have
                                                                                                                               staff supervision over AFDCB and off-
                                                                     631.5    General.                                         installation enforcement policies.
                                                                     631.6    Responsibilities.                                   (a) The Office of the Provost Marshal
                                                                     631.7    Composition of boards.                           General (OPMG), Headquarters, De-
                                                                     631.8    Participation by civil agencies.
                                                                                                                               partment of the Army (HQDA). This of-
                                                                     631.9    Duties and functions of boards.
                                                                     631.10    Administration.                                 ficial serves as the proponent for this
                                                                     631.11    Off-limits establishments and areas.            part, and has primary responsibility
                                                                                                                               for its content.
                                                                     Subpart     C—Off-Installation  Operations                   (b) U.S. Air Force Director of Secu-
                                                                        (Military Patrols and Investigative Ac-                rity Forces and Force Protection, De-
                                                                        tivities) and Policy                                   partment of the Air Force.
                                                                                                                                  (c) Director, Naval Criminal Inves-
                                                                     631.12 Objectives.
                                                                     631.13 Applicability.
                                                                                                                               tigative Service.
                                                                     631.14 Army policy.                                          (d) Commandant of the Marine Corps.
                                                                     631.15 Air Force policy.                                     (e) Commandant of the Coast Guard.
                                                                     631.16 Navy policy.                                          (f) Installation commanders are au-
                                                                     631.17 Marine Corps policy.                               thorized to convene joint service
                                                                     631.18 Operations.                                        boards within their Army Regulation
                                                                     APPENDIX A TO PART 631—ARMED FORCES DIS-                  (AR) 5–9 area of responsibility.
                                                                         CIPLINARY CONTROL BOARD PROCEDURES
                                                                         GUIDE                                                 § 631.4 Exceptions.
                                                                       AUTHORITY: 10 U.S.C. 3012(b)(1)(g).                        Requests for exceptions to policies
                                                                       SOURCE: 70 FR 60729, Oct. 19, 2005, unless              contained in this part will be forwarded
                                                                     otherwise noted.                                          to HQDA (DAPM–MPD–LE), Wash-
                                                                                                                               ington, DC 20310–2800.
                                                                                 Subpart A—General
                                                                                                                                    Subpart B—Armed Forces
                                                                     § 631.1 Purpose.                                               Disciplinary Control Boards
                                                                        This part prescribes uniform policies
                                                                     and procedures for the establishment,                     § 631.5 General.
                                                                     and operation of the following:                              AFDCBs may be established by in-
                                                                        (a) Armed Forces Disciplinary Con-                     stallation, base, or station com-
                                                                     trol Boards (AFDCB).                                      manders to advise and make rec-
                                                                        (b) Off-installation liaison and oper-                 ommendations to commanders on mat-
                                                                     ations.                                                   ters concerning eliminating conditions,
                                                                                                                               which adversely affect the health, safe-
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                                                                     § 631.2 Applicability.                                    ty, welfare, morale, and discipline of
                                                                        This part applies to the following:                    the Armed Forces.

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                                                                     § 631.6                                                                32 CFR Ch. V (7–1–08 Edition)

                                                                        (a) For the Army, routine off-limits                     (1) Promulgating implementing di-
                                                                     actions must be processed by an                           rectives, and convening the board.
                                                                     AFDCB following the procedures in                           (2) Providing a recorder for the
                                                                     § 631.11.                                                 board.
                                                                        (b) Coast Guard commanders must                          (3) Providing copies of the minutes of
                                                                     have written authorization from the                       board meetings to other Service com-
                                                                     Commandant (G–WP) prior to estab-                         manders who are represented on the
                                                                     lishing an AFDCB.                                         board, and to other AFDCBs as appro-
                                                                                                                               priate.
                                                                     § 631.6 Responsibilities.                                   (4) Approving or disapproving the
                                                                        (a) Regional Directors of the Army                     minutes, and recommendations of the
                                                                     Installation Management Agency, Air                       board, and making appropriate dis-
                                                                     Force commanders, Navy regional                           tribution, as required.
                                                                     commanders,       Marine    Corps   com-                    (5) Publishing lists of ‘‘off-limits’’ es-
                                                                     manders, and Coast Guard commanders                       tablishments and areas.
                                                                     will—                                                       (6) Ensuring that responsible individ-
                                                                        (1) Determine level and degree of par-                 uals are notified of any unfavorable ac-
                                                                     ticipation by subordinate commanders                      tions being contemplated or taken re-
                                                                     in joint Service boards, when appro-                      garding their establishments per Annex
                                                                     priate.                                                   A of appendix A of this part.
                                                                        (2) Resolve differences among subor-                     (7) Distributing pertinent informa-
                                                                     dinate commanders regarding board                         tion to the following—
                                                                     areas of responsibility, and the des-                       (i) All units within their jurisdic-
                                                                     ignation of sponsoring commanders.                        tional area.
                                                                        (3) Evaluate board recommendations,                      (ii) Units stationed in other areas
                                                                     and actions from subordinate spon-                        whose personnel frequent their area of
                                                                     soring commanders.                                        jurisdiction.
                                                                        (4) Forward recommendations to                           (8) Ensuring that procedures are es-
                                                                     HQDA,       OPMG       (DAPM–MPD–LE),                     tablished to inform all Service per-
                                                                     WASH DC 20310–2800, regarding cir-                        sonnel, including those who may be
                                                                     cumstances that require Service head-                     visiting or are in a travel status, of off-
                                                                     quarters action or programs having                        limits restrictions in effect within the
                                                                     widespread applicability.                                 respective    AFDCB’s       jurisdictional
                                                                        (5) Ensure that subordinate com-                       area.
                                                                     manders assess the availability of drug
                                                                     abuse paraphernalia in the vicinity of                    § 631.7 Composition of boards.
                                                                     Department of Defense (DOD) installa-                        (a) Boards should be structured ac-
                                                                     tions through their AFDCBs, according                     cording to the needs of the command,
                                                                     to DOD Directive 1010.4. Coast Guard                      with consideration given to including
                                                                     commanders         should     refer    to                 representatives from the following
                                                                     COMDTINST M1000.6 series, chapter 20,                     functional areas—
                                                                     for guidance on Coast Guard substance                        (1) Law enforcement.
                                                                     abuse policies.                                              (2) Legal counsel.
                                                                        (b) Military installation commanders                      (3) Health.
                                                                     for off-installation enforcement ac-                         (4) Environmental protection.
                                                                     tions will—                                                  (5) Public affairs.
                                                                        (1) Conduct off-installation oper-                        (6) Equal opportunity.
                                                                     ations as authorized by law and Service                      (7) Fire and safety.
                                                                     policy.                                                      (8) Chaplains’ service.
                                                                        (2) Coordinate off-installation oper-                     (9) Alcohol and drug abuse.
                                                                     ations with other Service commanders,                        (10) Personnel and community activi-
                                                                     as applicable, for uniformity of effort,                  ties.
                                                                     and economy of resources.                                    (11) Consumer affairs.
                                                                        (3) Assist Federal, State, and local                      (b) Sponsoring commanders will des-
                                                                     law enforcement agencies within the                       ignate a board president, and deter-
                                                                     limits imposed by law and DOD policy.                     mine by position which board members
                                                                        (c) Sponsoring commanders will pro-                    will be voting members. Such designa-
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                                                                     vide administrative support for AFDCB                     tions will be included in a written
                                                                     programs to include the following—                        agreement establishing the board.

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                                                                     Department of the Army, DoD                                                                         § 631.11

                                                                     § 631.8 Participation by civil agencies.                  DOD, according to the applicable Serv-
                                                                        (a) Civil agencies or individuals may                  ice parts of the sponsoring commander,
                                                                     be invited to board meetings as observ-                   which—
                                                                     ers, witnesses or to provide assistance                     (1) Adversely affect the health, safe-
                                                                     where they possess knowledge or infor-                    ty, morale, welfare, or discipline of
                                                                     mation pertaining to problem areas                        service members regardless of status.
                                                                     within the board’s jurisdiction.                            (2) Describes crime conducive condi-
                                                                        (b) Announcements and summaries of                     tions where there is a direct Service in-
                                                                     board results may be provided to ap-                      terest.
                                                                     propriate civil agencies.                                   (b) Boards will function under the su-
                                                                                                                               pervision of a president (§ 631.7(b)).
                                                                     § 631.9 Duties and functions of boards.                     (c) Certain expenses incurred by
                                                                        The AFDCBs will—                                       Service members in the course of an of-
                                                                        (a) Meet as prescribed by appendix A                   ficial board investigation or inspection
                                                                     of this part.                                             may be reimbursable per appropriate
                                                                        (b) Receive reports, and take appro-                   Service finance parts or instructions.
                                                                     priate action on conditions in their                      Requests for reimbursement will be
                                                                     area of responsibility relating to any of                 submitted through the sponsoring com-
                                                                     the following—                                            mander.
                                                                        (1) Disorders and lack of discipline.                    (d) Records of board proceedings will
                                                                        (2) Prostitution.                                      be maintained as prescribed by records
                                                                        (3) Sexually transmitted disease.                      management policies, and procedures
                                                                        (4) Liquor violations.                                 of the sponsoring commander’s Service.
                                                                        (5) Racial and other discriminatory
                                                                     practices.                                                § 631.11 Off-limits establishments and
                                                                                                                                    areas.
                                                                        (6) Alcohol and drug abuse.
                                                                        (7) Drug abuse paraphernalia.                             (a) The establishment of off-limits
                                                                        (8) Criminal or illegal activities in-                 areas is a function of Command. It may
                                                                     volving cults or hate groups.                             be used by commanders to help main-
                                                                        (9) Illicit gambling.                                  tain good order and discipline, health,
                                                                        (10) Areas susceptible to terrorist ac-                morale, safety, and welfare of service
                                                                     tivity.                                                   members. Off-limits action is also in-
                                                                        (11) Unfair commercial or consumer                     tended to prevent service members
                                                                     practices.                                                from being exposed to or victimized by
                                                                        (12) Other undesirable conditions                      crime-conducive conditions. Where suf-
                                                                     deemed unsafe which may adversely af-                     ficient cause exists, commanders re-
                                                                     fect the health and well being of mili-                   tain substantial discretion to declare
                                                                     tary personnel or their families.                         establishments or areas temporarily
                                                                        (c) Report to all major commanders                     off-limits to personnel of their respec-
                                                                     in the board’s area of responsibility—                    tive commands in emergency situa-
                                                                        (1) Conditions cited in paragraph (b)                  tions. Temporary off-limits restric-
                                                                     of this section.                                          tions issued by commanders in an
                                                                        (2) Recommended action as approved                     emergency situation will be acted upon
                                                                     by the board’s sponsoring commander.                      by the AFDCB as a first priority. As a
                                                                        (d) Coordinate with appropriate civil                  matter of policy, a change in owner-
                                                                     authorities on problems or adverse con-                   ship, management, or name of any off-
                                                                     ditions existing in the board’s area of                   limits establishment does not, in and
                                                                     jurisdiction.                                             of itself, revoke the off-limits restric-
                                                                        (e) Make recommendations to com-                       tion.
                                                                     manders in the board’s area of jurisdic-                     (b) Service members are prohibited
                                                                     tion concerning off-installation proce-                   from entering establishments or areas
                                                                     dures to prevent or control undesirable                   declared off-limits according to this
                                                                     conditions.                                               part. Violations may subject the mem-
                                                                                                                               ber to disciplinary action per applica-
                                                                     § 631.10 Administration.                                  ble Service parts, and the Uniform
                                                                        (a) Commanders are authorized to ac-                   Code of Military Justice (UCMJ). Fam-
                                                                     quire, report, process, and store infor-                  ily members of service members and
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                                                                     mation concerning persons and organi-                     others associated with the Service or
                                                                     zations, whether or not affiliated with                   installation should be made aware of

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                                                                     § 631.12                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     off-limits restrictions. As a general                     must be consistent with existing Sta-
                                                                     policy, these establishments will not be                  tus of Forces Agreements (SOFAs).
                                                                     visited by Service law enforcement per-
                                                                     sonnel unless specifically determined                     Subpart C—Off-Installation Oper-
                                                                     by the installation commander that
                                                                     visits or surveillance are warranted.
                                                                                                                                  ations (Military Patrols and In-
                                                                       (c) Prior to initiating AFDCB action,                      vestigative Activities) and Pol-
                                                                     installation commanders will attempt                         icy
                                                                     to correct adverse conditions or situa-
                                                                     tions through the assistance of civic                     § 631.12    Objectives.
                                                                     leaders or officials.                                       The primary objectives of off-instal-
                                                                       (d) Prior to recommending an off-                       lation operations are to—
                                                                     limits restriction, the AFDCB will send                     (a) Render assistance and provide in-
                                                                     a written notice (certified mail-return                   formation to Service members.
                                                                     receipt requested) to the individual or                     (b) Preserve the safety, and security
                                                                     firm responsible for the alleged condi-                   of service members.
                                                                     tion or situation. The AFDCB will                           (c) Preserve good order and discipline
                                                                     specify in the notice a reasonable time                   among Service members and reduce
                                                                     for the condition or situation to be cor-                 off-installation incidents and offenses.
                                                                     rected, along with the opportunity to
                                                                                                                                 (d) Maintain effective cooperation
                                                                     present any relevant information to
                                                                                                                               with civil authorities, and community
                                                                     the board. If subsequent investigation
                                                                     reveals that the responsible person has                   leaders.
                                                                     failed to take corrective action, the                     § 631.13    Applicability.
                                                                     board will recommend the imposition
                                                                     of the off-limits restriction.                              This subpart is not applicable to the
                                                                       (e) A specified time limit will not be                  U.S. Coast Guard.
                                                                     established when an off-limits restric-
                                                                     tion is invoked. The adequacy of the                      § 631.14    Army policy.
                                                                     corrective action taken by the respon-                      (a) Soldiers, military and/or Depart-
                                                                     sible individual will be the determining                  ment of the Army Civilian (DAC) po-
                                                                     factor in removing an off-limits re-                      lice performing off-installation oper-
                                                                     striction.                                                ations must be thoroughly familiar
                                                                       (f) A person whose establishment or                     with    applicable    agreements,   con-
                                                                     area has been declared off-limits may                     straints of the Posse Comitatus Act (18
                                                                     at any time petition the president of                     U.S.C. 1385) in the Continental United
                                                                     the board to remove the off-limits re-                    States (CONUS) and United States-host
                                                                     striction. The petition will be in writ-                  nation agreements in areas OCONUS.
                                                                     ing and will include a detailed report of                   (b) Military and/or DAC police as-
                                                                     action taken to eliminate the condi-
                                                                                                                               signed to off-installation operations
                                                                     tion or situation that caused imposi-
                                                                                                                               have the sole purpose of enforcing
                                                                     tion of the restriction. The president of
                                                                                                                               parts, and orders pertaining to persons
                                                                     the AFDCB may direct an investiga-
                                                                                                                               subject to their jurisdiction.
                                                                     tion to determine the status of correc-
                                                                     tive actions noted in the petition. The                     (c) Military and/or DAC police ac-
                                                                     board will either recommend removal                       companying civilian law enforcement
                                                                     or continuation of the off-limits re-                     officers remain directly responsible to,
                                                                     striction to the local sponsoring com-                    and under the command of, U.S. Army
                                                                     mander based on the results of the in-                    superiors. Military and DAC police
                                                                     vestigation.                                              may come to the aid of civilian law en-
                                                                       (g) Off-limits procedures to be fol-                    forcement officers to prevent the com-
                                                                     lowed by the boards are in appendix A                     mission of a felony or injury to a civil-
                                                                     of this part. In the United States, off-                  ian law enforcement officer.
                                                                     limits signs will not be posted on civil-                   (d) Regional Directors of the Army
                                                                     ian establishments by U.S. military au-                   Installation    Management       Agency
                                                                     thorities.                                                (IMA), Commander, Army Materiel
                                                                       (h) In areas Outside of the Conti-                      Command (AMC), and Commander,
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                                                                     nental United States (OCONUS), off-                       Army Test and Evaluation Command
                                                                     limits and other AFDCB procedures                         (ATEC) may authorize subordinate

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                                                                     Department of the Army, DoD                                                                         § 631.16

                                                                     commanders to establish off-installa-                     within the limits imposed by higher
                                                                     tion operations within the limits im-                     authority, the Posse Comitatus Act (18
                                                                     posed by higher authority, the Posse                      U.S.C. 1385) in CONUS, and United
                                                                     Comitatus Act (18 U.S.C. 1385) in                         States-host nation agreements in
                                                                     CONUS, and United States-host nation                      OCONUS areas—
                                                                     agreements in OCONUS areas—                                 (1) To assist Federal, State, and local
                                                                       (1) To assist Federal, State, and local                 law enforcement agencies.
                                                                     law enforcement agencies.                                   (2) In conjunction with military ac-
                                                                       (2) In conjunction with military ac-                    tivities.
                                                                     tivities.                                                   (3) To safeguard the health and wel-
                                                                       (3) To safeguard the health and wel-                    fare of Airmen.
                                                                     fare of Soldiers.                                           (4) When the type of offenses or the
                                                                       (4) When the type of offenses or the                    number of Airmen frequenting an area
                                                                     number of Soldiers frequenting an area                    is large enough to warrant such oper-
                                                                     is large enough to warrant such oper-                     ations.
                                                                     ations.
                                                                                                                                 (e) The constraints on the authority
                                                                       (e) The constraints on the authority
                                                                                                                               of Airmen and/or DAFC police to act
                                                                     of Soldiers and/or DAC police to act
                                                                                                                               off-installation, (Posse Comitatus Act
                                                                     off-Installation, (Posse Comitatus Act
                                                                                                                               (18 U.S.C. 1385) in CONUS and United
                                                                     (18 U.S.C. 1385) in CONUS and United
                                                                                                                               States-host nation agreements in
                                                                     States-host nation agreements in
                                                                                                                               OCONUS areas) and the specific scope
                                                                     OCONUS areas) and the specific scope
                                                                                                                               of off-installation operations will be
                                                                     of off-installation operations will be
                                                                                                                               clearly delineated in all authorizations
                                                                     clearly delineated in all authorizations
                                                                                                                               for off-installation operations. Off-in-
                                                                     for off-installation operations. Off-in-
                                                                                                                               stallation operations will be coordi-
                                                                     stallation operations will be coordi-
                                                                                                                               nated with the local installation com-
                                                                     nated with the local installation com-
                                                                                                                               mander through the Staff Judge Advo-
                                                                     mander through the Staff Judge Advo-
                                                                                                                               cate (SJA), or higher authority, and
                                                                     cate (SJA), or higher authority, and
                                                                                                                               appropriate civilian law enforcement
                                                                     appropriate civilian law enforcement
                                                                                                                               agencies.
                                                                     agencies.
                                                                     § 631.15 Air Force policy.                                § 631.16    Navy policy.
                                                                        (a) Airmen, military and/or Depart-                      The following policies apply to off-in-
                                                                     ment of the Air Force Civilian (DAFC)                     stallation operations—
                                                                     police performing off-installation oper-                    (a) Article 1630–020, MILPERSMAN
                                                                     ations must be thoroughly familiar                        revised August 2002, and Navy Parts,
                                                                     with    applicable     agreements,   con-                 Article 0922 concerning the establish-
                                                                     straints of the Posse Comitatus Act (18                   ment and operation of a shore patrol.
                                                                     U.S.C. 1385) in CONUS and United                            (b) In accordance with SECNAV
                                                                     States-host nation agreements in areas                    1620.7A, Navy Absentee Collection
                                                                     OCONUS.                                                   Units collect, and process apprehended
                                                                        (b) Military and/or DAFC police as-                    absentees and deserters, escort appre-
                                                                     signed to off-installation operations                     hended absentees, and deserters to
                                                                     have the sole purpose of enforcing                        their parent commands or to des-
                                                                     parts, and orders pertaining to persons                   ignated processing activities, escort
                                                                     subject to their jurisdiction.                            prisoners between confinement facili-
                                                                        (c) Military and/or DAFC police ac-                    ties, and provide liaison with civilian
                                                                     companying civilian law enforcement                       law enforcement authorities.
                                                                     officers remain directly responsible to,                    (c) Navy personnel will be thoroughly
                                                                     and under the command of, U.S. Air                        familiar with all applicable agreements
                                                                     Force superiors. Military and DAFC                        and Implementing standard operating
                                                                     police may come to the aid of civilian                    procedures, to include the constraints
                                                                     law enforcement officers to prevent the                   of the Posse Comitatus Act (18 U.S.C.
                                                                     commission of a felony or injury to a                     1385), in CONUS and United States-host
                                                                     civilian law enforcement officer.                         nation agreements in OCONUS areas,
                                                                        (d) Air Force commanders may au-                       as applicable.
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                                                                     thorize subordinate commanders to es-                       (d) Within CONUS. (1) Installation
                                                                     tablish     off-installation   operations                 Commanders may request authority

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                                                                     § 631.17                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     from their Regional Commander, to es-                     vilian police in order to prevent the
                                                                     tablish off-installation operations—                      commission of a felony or injury to a
                                                                       (i) To assist Federal, State, and local                 civilian police officer.
                                                                     law enforcement agencies within the                         (i) Civilian police and court liaison
                                                                     limits imposed by higher authority and                    may be established with concurrence of
                                                                     the Posse Comitatus Act (18 U.S.C.                        the Naval Criminal Investigative Serv-
                                                                     1385).                                                    ice and is encouraged particularly
                                                                       (ii) In conjunction with military op-                   when the intent is to reduce mishaps.
                                                                     erations.
                                                                       (iii) To safeguard the health, and wel-                 § 631.17    Marine Corps policy.
                                                                     fare of Naval personnel.                                    (a) Within CONUS. (1) Commanders
                                                                       (iv) When the type of offenses or the                   may request authority from Head-
                                                                     number of service members frequenting                     quarters, Marine Corps (Code POS), to
                                                                     an area is large enough to warrant such                   establish off-installation operations—
                                                                     operation.                                                  (i) To assist Federal, State, and local
                                                                       (2) Constraints on the authority of                     law enforcement agencies within the
                                                                     military personnel to act off-installa-                   limits imposed by higher authority and
                                                                     tion (Posse Comitatus Act (18 U.S.C.                      the Posse Comitatus Act (18 U.S.C.
                                                                     1385) and the specific scope of the au-                   1385).
                                                                     thority will be clearly delineated in all
                                                                                                                                 (ii) In conjunction with military op-
                                                                     authorizations for off-installation op-
                                                                                                                               erations.
                                                                     erations.
                                                                                                                                 (iii) To safeguard the health, and wel-
                                                                       (e) Within OCONUS, off-installation
                                                                                                                               fare of Marines.
                                                                     operations will be kept at the min-
                                                                     imum needed for mission accomplish-                         (iv) When the type of offenses or the
                                                                     ment. Installation commanders may                         number of service members frequenting
                                                                     authorize off-installation operations as                  an area is large enough to warrant such
                                                                     required by local conditions and cus-                     operations.
                                                                     toms, as long as they are conducted in                      (2) Constraints on the authority of
                                                                     accordance with applicable treaties                       military personnel to act off-installa-
                                                                     and SOFAs.                                                tion (Posse Comitatus Act (18 U.S.C.
                                                                       (f) Off-installation operations will be                 1385)) and the specific scope of the au-
                                                                     coordinated with the local installation                   thority will be clearly delineated in all
                                                                     commander through the JAG or higher                       authorizations for off-installation op-
                                                                     authority, and local law enforcement                      erations.
                                                                     authorities.                                                (b) Within OCONUS, off-installation
                                                                       (g) Security personnel selected for                     operations will be kept at the min-
                                                                     off-installation operations must—                         imum needed for mission accomplish-
                                                                       (1) Have mature judgment and law                        ment. Installation commanders may
                                                                     enforcement experience.                                   authorize off-installation operations as
                                                                       (2) Be thoroughly familiar with all                     required by local conditions and cus-
                                                                     applicable agreements and imple-                          toms, as long as they are conducted in
                                                                     menting standard operating proce-                         accordance with applicable treaties
                                                                     dures, to include the constraints of the                  and SOFAs.
                                                                     Posse Comitatus Act (18 U.S.C. 1385), in                    (c) Off-installation operations will be
                                                                     CONUS and United States Host Nation                       coordinated with the local installation
                                                                     agreements in OCONUS area, as appli-                      commander through the SJA, or higher
                                                                     cable.                                                    authority, and local law enforcement
                                                                       (h) Security personnel accompanying                     authorities.
                                                                     civilian police during off-installation                     (d) Marines selected for off-installa-
                                                                     operations do so only to enforce parts                    tion operations must—
                                                                     and orders pertaining to persons sub-                       (1) Have mature judgment and law
                                                                     ject to their jurisdiction. Security per-                 enforcement experience.
                                                                     sonnel assigned off-installation oper-                      (2) Be thoroughly familiar with all
                                                                     ations remain directly responsible to,                    applicable agreements and imple-
                                                                     and under the command of their Navy                       menting standard operating proce-
                                                                     superiors when accompanying civilian                      dures, to include the constraints of the
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                                                                     police. Security personnel performing                     Posse Comitatus Act (18 U.S.C. 1385), in
                                                                     such duties may come to the aid of ci-                    CONUS and United States-host nation

                                                                                                                          12



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                                                                     Department of the Army, DoD                                                                Pt. 631, App. A

                                                                     agreements in OCONUS areas, as appli-                       A–3. AFDCB composition. Voting members
                                                                     cable.                                                    will be selected per section 631.7.
                                                                       (e) Marines accompanying civilian                         A–4. Attendance of observers or witnesses.
                                                                                                                                 a. The board may invite individual persons
                                                                     police during off-installation oper-
                                                                                                                               or organization representatives as witnesses
                                                                     ations do so only to enforce parts and                    or observers if they are necessary or appro-
                                                                     orders pertaining to persons subject to                   priate for the conduct of board proceedings.
                                                                     their jurisdiction. Marines assigned                      The below listed authorities may assist in
                                                                     off-installation operations remain di-                    addressing installation or command con-
                                                                     rectly responsible to, and under the                      cerns or issues.
                                                                     command of their Marine superiors                           (1) Federal, State, and local judicial, legis-
                                                                     when accompanying civilian police.                        lative, and law enforcement officials.
                                                                                                                                 (2) Housing part and enforcement authori-
                                                                     Marines performing such duties may
                                                                                                                               ties.
                                                                     come to the aid of civilian police in                       (3) Health, and social service authorities.
                                                                     order to prevent the commission of a                        (4) Environmental protection authorities.
                                                                     felony or injury to a civilian police of-                   (5) Alcoholic beverage control authorities.
                                                                     ficer.                                                      (6) Equal employment opportunity authori-
                                                                       (f) Procedures for absentee and de-                     ties.
                                                                     serter collection units to accept an ac-                    (7) Consumer affairs advocates.
                                                                     tive-duty absentee or deserter from ci-                     (8) Chamber of Commerce representatives.
                                                                     vilian authorities may be established.                      (9) Public works or utility authorities.
                                                                                                                                 (10) Local fire marshal, and public safety
                                                                       (g) Civilian police and civil court li-
                                                                                                                               authorities.
                                                                     aison may be established.                                   (11) State and local school board or edu-
                                                                                                                               cation officials.
                                                                     § 631.18     Operations.                                    (12) Any other representation deemed ap-
                                                                       When an incident of substantial in-                     propriate by the sponsoring command such
                                                                     terest to the Service, involving Service                  as, news media, union representatives, and
                                                                                                                               so forth.
                                                                     property or affiliated personnel, occurs
                                                                                                                                 b. Invited witnesses and observers will be
                                                                     off-installation, the Service law en-                     listed in the minutes of the meeting.
                                                                     forcement organization exercising area                      A–5. Appropriate areas for board consider-
                                                                     responsibility will—                                      ation.
                                                                       (a) Obtain copies of civilian law en-                     a. Boards will study and take appropriate
                                                                     forcement reports for processing or for-                  action on all reports of conditions considered
                                                                     warding according to applicable Serv-                     detrimental to the good order and discipline,
                                                                     ice parts.                                                health, morale, welfare, safety, and morals
                                                                                                                               of Armed Forces personnel. These adverse
                                                                       (b) Return apprehended persons to                       conditions include, but are not limited to,
                                                                     representatives of their Service as soon                  those identified in § 631.9.
                                                                     as practicable.                                             b. The board will immediately forward to
                                                                                                                               the local commander reported circumstances
                                                                     APPENDIX A TO PART 631—ARMED                              involving discrimination based on race,
                                                                        FORCES   DISCIPLINARY  CONTROL                         color, sex, religion, age, or national origin.
                                                                        BOARD PROCEDURES GUIDE                                   A–6. Off-limit procedures.
                                                                                                                                 a. Off-limits restrictions should be invoked
                                                                       A–1. Purpose. This guide prescribes proce-              only when there is substantive information
                                                                     dures for the establishment, operation, and               indicating that an establishment or area fre-
                                                                     coordination of AFDCBs. AFDCB pro-                        quented by Armed Forces personnel presents
                                                                     ceedings are not adversarial in nature.                   conditions, which adversely affect their
                                                                       A–2. Meetings.                                          health, safety, welfare, morale, or morals. It
                                                                       a. The board will meet quarterly. The com-              is essential that boards do not act arbi-
                                                                     mander establishing the AFDCB may specify                 trarily. Actions must not be of a punitive na-
                                                                     whether the meetings will be open or closed.              ture. Boards should work in close coopera-
                                                                     If not specified, the decision is at the discre-          tion with local officials and proprietors of
                                                                     tion of the president of the board. Normally              business establishments, and seek to accom-
                                                                     proceedings are closed, but may be opened to              plish their mission through mutually cooper-
                                                                     the public when circumstances warrant.                    ative efforts. Boards should encourage per-
                                                                       b. Special meetings may be called by the                sonal visits by local military, and civilian
                                                                     president of the board. Except by unanimous               enforcement or health officials to establish-
                                                                     consent of members present, final action will             ments considered below standard. AFDCBs
                                                                     be taken only on the business for which the               should point out unhealthy conditions or un-
                                                                     meeting was called.                                       desirable practices to establishment owners
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                                                                       c. A majority of voting members con-                    or operators to produce the desired correc-
                                                                     stitutes a quorum for board proceedings.                  tive action.

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                                                                     Pt. 631, App. A                                                        32 CFR Ch. V (7–1–08 Edition)
                                                                       b. In cases involving discrimination, the                 i. The minutes will indicate the AFDCB’s
                                                                     board should not rely solely on letters writ-             action in each case. When a recommendation
                                                                     ten by the Equal Opportunity Office, and                  is made to place an establishment off-limits,
                                                                     Military Affairs Committee or investigations              the minutes will show the procedural steps
                                                                     of alleged racial discrimination.                         followed in reaching the decision.
                                                                       c. If the board decides to attempt to inves-              j. Recommendations of the AFDCB will be
                                                                     tigate or inspect an establishment, the presi-            submitted to the sponsoring commander for
                                                                     dent or a designee will prepare, and submit a             consideration. The recommendations will
                                                                     report of findings, and recommendations at                then be forwarded to other installation com-
                                                                     the next meeting. This procedure will ensure              manders who are represented on the board
                                                                     complete, and documented information con-                 (Annex D). If no objection to the rec-
                                                                     cerning questionable adverse conditions.                  ommendations is received within 10 days, the
                                                                       d. When the board concludes that condi-                 sponsoring commander will approve or dis-
                                                                     tions adverse to Armed Forces personnel do                approve the recommendations and forward
                                                                     exist, the owner or manager will be sent a                the decision to the AFDCB president.
                                                                     letter of notification (Annex A). This letter               k. Upon approval of the AFDCB’s rec-
                                                                     will advise him or her to raise standards by              ommendations, the president will write the
                                                                     a specified date, and, if such conditions or              proprietor that the off-limits restriction has
                                                                     practices continue, off-limits proceedings                been imposed (Annex E).
                                                                     will be initiated. Any correspondence with                  l. A time limit should not be specified
                                                                     the individuals responsible for adverse condi-            when an off-limits restriction is revoked.
                                                                     tions, which may lead to off-limits action,               The adequacy of the corrective action taken
                                                                     will be by certified mail.                                by the proprietor of the establishment must
                                                                       e. If a proprietor takes remedial action to             be the determining factor in removing the
                                                                     correct undesirable conditions previously                 off-limits restriction.
                                                                     noted the board should send a letter of ap-                 m. Military authorities may not post off-
                                                                     preciation (Annex B) recognizing this co-                 limits signs or notices on private property.
                                                                     operation.
                                                                                                                                 n. In emergencies, commanders may tem-
                                                                       f. If undesirable conditions are not cor-
                                                                                                                               porarily declare establishments or areas off-
                                                                     rected, the proprietor will be invited to ap-
                                                                                                                               limits to service members subject to their
                                                                     pear before the AFDCB to explain why the
                                                                                                                               jurisdiction. The circumstances for the ac-
                                                                     establishment should not be placed off-limits
                                                                                                                               tion will be reported as soon as possible to
                                                                     (Annex C). Any proprietor may designate in
                                                                                                                               the commander sponsoring the board. De-
                                                                     writing a representative to appear before the
                                                                                                                               tailed justification for this emergency action
                                                                     board in his or her behalf.
                                                                                                                               will be provided to the board for its delibera-
                                                                       g. In cases where proprietors have been in-
                                                                                                                               tions.
                                                                     vited to appear before the board, the presi-
                                                                                                                                 o. Appropriate installation commanders
                                                                     dent of the board will perform the fol-
                                                                                                                               will publish a list of off-limits establish-
                                                                     lowing—
                                                                                                                               ments and areas using command and media
                                                                       (1) Prior to calling the proprietor—
                                                                       (a) Review the findings and decision of the             channels.
                                                                     previous meeting.                                           A–7. Removal of off-limits restrictions.
                                                                       (b) Call for inspection reports.                          a. Removal of an off-limits restriction re-
                                                                       (c) Allow those present to ask questions,               quires AFDCB action. Proprietors of estab-
                                                                     and discuss the case.                                     lishments declared off-limits should be ad-
                                                                       (2) When the proprietor or his or her rep-              vised that they may appeal to the appro-
                                                                     resentative is called before the board—                   priate AFDCB at any time. In their appeal
                                                                       (a) Present the proprietor with a brief sum-            they should submit the reason why the re-
                                                                     mary of the complaint concerning the estab-               striction should be removed. A letter of noti-
                                                                     lishment.                                                 fication for continuance of the off-limits re-
                                                                       (b) Afford the proprietor an opportunity to             striction should be sent to the proprietor if
                                                                     present matters in defense.                               the AFDCB does not remove the off-limits
                                                                       (c) Invite those present to question the                restriction (Annex F). The proprietor may
                                                                     proprietor. After the questioning period, pro-            appeal to the next higher commander if not
                                                                     vide the proprietor an opportunity to make a              satisfied with continuance after exhausting
                                                                     final statement before being dismissed.                   all appeals at the local sponsoring com-
                                                                       (3) Deliberations on recommended actions                mander level. Boards should make at least
                                                                     will be in closed session, attended only by               quarterly inspections of off-limits establish-
                                                                     board members.                                            ments. A statement that an inspection has
                                                                       h. The board should recommend an off-lim-               been completed should be included in AFDCB
                                                                     its restriction only after the following:                 minutes.
                                                                       (1) The letter of notification (Annex A) has              b. When the board learns that the propri-
                                                                     been sent.                                                etor has taken adequate corrective meas-
                                                                       (2) An opportunity for the proprietor to ap-            ures, the AFDCB will take the following ac-
                                                                     pear before the board has been extended.                  tions:
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                                                                       (3) Further investigation indicates that                  (1) Discuss the matter at the next meeting
                                                                     improvements have not been made.                          and make an appropriate recommendation.

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                                                                     Department of the Army, DoD                                                                Pt. 631, App. A
                                                                       (2) Forward a recommendation for removal                are located having an interest in the func-
                                                                     of the off-limits restriction to the sponsoring           tions of the board, if appropriate.
                                                                     commander. If approved, a letter removing                   c. AFDCB minutes are subject to release
                                                                     the restriction (Annexes G & H) will be sent              and disclosure in accordance with applicable
                                                                     to the proprietor.                                        Service parts and directives.
                                                                       (3) The minutes will reflect action taken.                d. Minutes and recommendations of the
                                                                       A–8. Duties of the AFDCB president.
                                                                                                                               board will be forwarded to the sponsoring
                                                                       The president of the AFDCB will—
                                                                       a. Schedule and preside at all AFDCB                    commander for approval.
                                                                     meetings.
                                                                                                                                    ANNEX A—LETTER OF NOTIFICATION
                                                                       b. Provide an agenda to each voting mem-
                                                                     ber at least 72 hours prior to the meeting.                                  (Letterhead)
                                                                       c. Ensure records, minutes, and cor-
                                                                     respondence are prepared, distributed, and                              (Appropriate AFDCB)
                                                                     maintained per § 631.10(d).
                                                                       A–9. Commanders.                                        Proprietor
                                                                       The installation commander, and com-                    Dear Sir:
                                                                     manders within an AFDCB’s area of respon-
                                                                     sibility must be thoroughly acquainted with                 This letter is to inform you that it has
                                                                     the mission and services provided by                      come to the attention of the Armed Forces
                                                                     AFDCBs. AFDCB members should keep their                   Disciplinary Control Board (AFDCB) that
                                                                     respective commanders informed of com-                    certain conditions reported at your estab-
                                                                     mand responsibilities pertaining to AFDCB                 lishment may adversely affect the (health,
                                                                     functions and actions.                                    safety, or welfare) of members of the Armed
                                                                       A–10. Public affairs.                                   Forces.
                                                                       a. Due to the sensitive nature of the sub-                The AFDCB is initiating action to deter-
                                                                     ject matter, there will not be a media release            mine whether your establishment (area)
                                                                     in connection with AFDCB meetings. How-                   should be placed off-limits to members of the
                                                                     ever, any AFDCB proceeding, which is open                 Armed Forces if (cite conditions) are not
                                                                     to the public, will also be open to representa-           corrected by (date).
                                                                     tives of the news media. Representatives of
                                                                                                                                 A representative of the AFDCB will visit
                                                                     the news media will be considered observers,
                                                                                                                               your establishment to determine if steps
                                                                     and will not participate in matters consid-
                                                                                                                               have been taken to correct the conditions
                                                                     ered by the AFDCB. Members of the news
                                                                     media may be invited to participate in an                 outlined above.
                                                                     advisory status in coordination with the                        Sincerely,
                                                                     public affairs office.                                    John J. Smith,
                                                                       b. News media interviews and releases will
                                                                     be handled through the public affairs office              Colonel, U.S. Army, President, Armed Forces
                                                                     according to applicable Service parts.                     Disciplinary Control Board.
                                                                       A–11. Minutes.                                          (NOTE: Use certified mail, return receipt re-
                                                                       a. Minutes will be prepared in accordance               quested if mailed.)
                                                                     with administrative formats for minutes of
                                                                     meetings prescribed by the Service of the                      ANNEX B—LETTER OF APPRECIATION
                                                                     sponsoring commander (Annex I). The writ-
                                                                     ten minutes of AFDCB meetings will con-                                      (Letterhead)
                                                                     stitute the official record of the AFDCB pro-
                                                                     ceedings. Verbatim transcripts of board                                 (Appropriate AFDCB)
                                                                     meetings are not required. The reasons for                Proprietor
                                                                     approving or removing an off-limits restric-
                                                                     tion, to include a complete address of the es-            Dear Sir:
                                                                     tablishment or area involved, should be indi-               This is in reference to my letter of (date)
                                                                     cated in the order of business. In addition,              concerning the condition(s) reported at your
                                                                     the AFDCB’s action will be shown in the                   establishment which adversely affected the
                                                                     order or sequence of actions taken. A change              health and welfare of members of the Armed
                                                                     in the name of an establishment or areas in               Forces.
                                                                     an off-limits restriction will also be in-                  The Board appreciates your action(s) to
                                                                     cluded.                                                   correct the condition(s) previously noted and
                                                                       b. Distribution of the minutes of AFDCB
                                                                                                                               does not contemplate further action with re-
                                                                     meetings will be limited to the following—
                                                                                                                               spect to this specific matter.
                                                                       (1) Each voting member, sponsoring com-
                                                                     mand, and commands and installations rep-                   Your continued cooperation is solicited.
                                                                     resented by the board.                                          Sincerely,
                                                                       (2) Each civilian and military advisory                 John J. Smith,
                                                                     member, if deemed appropriate.
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                                                                       (3) Civilian and Government agencies with-              Colonel, U.S. Army, President, Armed Forces
                                                                     in the State in which member installations                 Disciplinary Control Board.


                                                                                                                          15



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                                                                     Pt. 631, App. A                                                        32 CFR Ch. V (7–1–08 Edition)
                                                                            ANNEX C—LETTER OF INVITATION                       Encl
                                                                                                                                     Sincerely,
                                                                                         (Letterhead)
                                                                                                                               John J. Smith,
                                                                     Proprietor
                                                                                                                               Colonel, U.S. Army, President, Armed Forces
                                                                     Dear Sir:                                                   Disciplinary Control Board.
                                                                       This is in reference to my letter of (date)
                                                                     concerning the condition reported at your                  ANNEX E—LETTER OF DECLARATION OF OFF-
                                                                     establishment which adversely affects the                                LIMITS
                                                                     (health, safety, or welfare) of members of the            Proprietor
                                                                     Armed Forces. Information has been re-                    Dear Sir:
                                                                     ceived by the board which indicates you have
                                                                     not taken adequate corrective action to                     This letter is to inform you that your es-
                                                                     eliminate the reported condition.                         tablishment has been declared off-limits to
                                                                       Reports presented to the Armed Forces                   members of the Armed Forces effective
                                                                     Disciplinary Control Board (AFDCB) indi-                  (date). Members of the Armed Forces are
                                                                     cate (list and describe conditions).                      prohibited from entering your establishment
                                                                       You are advised that the AFDCB will ini-                (premises) as long as this order is in effect.
                                                                     tiate action to determine whether your es-                This action is being taken because of (state
                                                                     tablishment should be declared off-limits to              the conditions) which are detrimental to the
                                                                     members of the Armed Forces.                              (health or welfare) of members of the Armed
                                                                       You may appear in person, with or without               Forces.
                                                                     counsel, before the AFDCB at its next sched-                This restriction will remain in effect in-
                                                                     uled meeting on (date, time, and place). At               definitely in accordance with established
                                                                     that time you will have the opportunity to                Armed Forces policy. Removal of the restric-
                                                                     refute the allegation(s), or to inform the                tion will be considered by the Armed Forces
                                                                     board of any remedial action(s) you have                  Disciplinary Control Board upon presen-
                                                                     taken or contemplate taking to correct the                tation of information that satisfactory cor-
                                                                     condition. It is requested that you inform                rective action has been taken.
                                                                     the President, of the AFDCB if you plan to                  Correspondence appealing this action may
                                                                     attend.                                                   be submitted to the President, Armed Forces
                                                                       Any questions regarding this matter may                 Disciplinary Control Board, (cite address).
                                                                     be addressed to the President, Armed Forces                     Sincerely,
                                                                     Disciplinary Control Board, (address). Every              John J. Smith,
                                                                     effort will be made to clarify the matter for             Colonel, U.S. Army, President, Armed Forces
                                                                     you.                                                        Disciplinary Control Board.
                                                                           Sincerely,
                                                                                                                               ANNEX F—AFDCB LETTER OF NOTIFICATION
                                                                     John J. Smith,
                                                                                                                                OF CONTINUANCE OF OFF-LIMITS RESTRIC-
                                                                     Colonel, U.S. Army, President, Armed Forces                TIONS AFTER APPEARANCE BEFORE THE
                                                                       Disciplinary Control Board.                              AFDCB
                                                                     (NOTE: Send certified mail, return receipt re-
                                                                     quested if mailed.)                                                         (Letterhead)
                                                                                                                                 Proprietor
                                                                       ANNEX D—AFDCB OFF-LIMITS APPROVAL
                                                                                   LETTER                                        Dear Sir:
                                                                                                                                 The Armed Forces Disciplinary Control
                                                                                         (Letterhead)                          Board (AFDCB) did not favorably consider
                                                                                                                               your request for removal of the off-limits re-
                                                                                        Office Symbol                          striction now in effect at your establish-
                                                                         MEMORANDUM FOR (Commanders of                         ment.
                                                                             Supported Installations)                            This decision does not preclude further ap-
                                                                                                                               peals or appearances before the AFDCB at
                                                                     SUBJECT: Establishments or Areas Rec-                     any of its scheduled meetings. Correspond-
                                                                       ommended for Off-Limits Designation                     ence pertaining to this matter should be ad-
                                                                       1. On (date), the Armed Forces Disciplinary             dressed to the President, Armed Forces Dis-
                                                                     Control Board (AFDCB) recommended impo-                   ciplinary Control Board, (cite address).
                                                                     sition of the following off-limits restrictions:                Sincerely,
                                                                     (name and address of establishment)                       John J. Smith,
                                                                       2. Commanders furnishing AFDCB rep-                     Colonel, U.S. Army, President, Armed Forces
                                                                     resentatives are requested to provide any                   Disciplinary Control Board.
                                                                     comments within 10 days as to whether
                                                                     (name of establishment or area) should be                  ANNEX G—AFDCB LETTER OF REMOVAL OF
                                                                     placed off-limits.                                                OFF-LIMITS RESTRICTION
                                                                       3. A copy of the AFDCB minutes and rec-
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                                                                     ommendation is enclosed.                                                    (Letterhead)
                                                                     FOR THE (SPONSORING) COMMANDER:                             Proprietor

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                                                                     Department of the Army, DoD                                                                         § 632.2
                                                                       Dear Sir:                                                 g. New business (subparagraph as nec-
                                                                       This letter is to inform you that the off-              essary).
                                                                     limits restriction against (name of establish-              h. Recommendations.
                                                                     ment) is removed effective (date). Members                  (1) List of areas and establishments being
                                                                     of the Armed Forces are permitted to pa-                  placed in an off-limits restriction.
                                                                     tronize your establishment as of that date.                 Include complete name and address (or
                                                                       The corrective actions taken in response to             adequate description of an area) of any es-
                                                                     the concerns of the Armed Forces Discipli-                tablishment listed.
                                                                     nary Control Board are appreciated.                         (2) List of areas and establishments being
                                                                                                                               removed from off-limits restrictions. Include
                                                                           Sincerely,
                                                                                                                               complete name and address (or adequate de-
                                                                     John J. Smith,
                                                                     Colonel, U.S. Army, President, Armed Forces               scription of an area) of any establishment
                                                                       Disciplinary Control Board.                             listed.
                                                                                                                                 (3) Other matters or problems of mutual
                                                                     ANNEX H—AFDCB NOTIFICATION OF REMOVAL                     concern.
                                                                            OF OFF-LIMITS RESTRICTION                            i. Time, date, and place for next board
                                                                                                                               meeting.
                                                                                         (Letterhead)                            j. Adjournment of the board.
                                                                     Proprietor                                                (Board Recorder’s Name)
                                                                     Dear Sir:                                                 (Rank, Branch of Service), Recorder, Armed
                                                                                                                                 Forces Disciplinary Control Board
                                                                       This letter is to inform you that your re-
                                                                     quest for removal of the off-limits restric-              Approved:
                                                                     tion now in effect at (name of establishment)             (Board President’s Name)
                                                                     was favorably considered by the Armed                     (Rank, Branch of Service) President, Armed
                                                                     Forces Disciplinary Control Board (AFDCB).                  Forces Disciplinary Control Board
                                                                       This restriction will be removed effective              (NOTE: The minutes of the board proceedings
                                                                     (date). Members of the Armed Forces will be               will be forwarded by official correspondence
                                                                     permitted to patronize your establishment                 from the board president to the sponsoring
                                                                     as of that date.                                          commander for approval of the board’s rec-
                                                                       The corrective actions taken in response to             ommendations. By return endorsement, the
                                                                     the concerns of the AFDCB are appreciated.                sponsoring commander will either approve or
                                                                           Sincerely,                                          disapprove the board’s recommendations.)
                                                                     John J. Smith,
                                                                     Colonel, U.S. Army, President, Armed Forces               PART 632—USE OF FORCE BY PER-
                                                                       Disciplinary Control Board.
                                                                                                                                 SONNEL ENGAGED IN LAW EN-
                                                                        ANNEX I—FORMAT FOR AFDCB MEETING                         FORCEMENT AND SECURITY DU-
                                                                                    MINUTES
                                                                                                                                 TIES
                                                                                         (Letterhead)
                                                                                                                               Sec.
                                                                                   MEMORANDUM FOR                              632.1 Purpose.
                                                                                                                               632.2 Applicability.
                                                                         SUBJECT: Armed Forces Disciplinary
                                                                                                                               632.3 Policy.
                                                                                  Control Board
                                                                                                                               632.4 Deadly force.
                                                                       1. Pursuant to authority contained in AR                632.5 Use of firearms.
                                                                     190–24/AFI 31–213/ OPNAVINST 1620.2A/MCO                  632.6 Administrative instructions.
                                                                     1620.2C/and COMDTINST 1620.1D, Armed
                                                                                                                                 AUTHORITY: 10 U.S.C. 3012.
                                                                     Forces Disciplinary Control Boards and Off-
                                                                     Installation Liaison and Operations, the                    SOURCE: 48 FR 17074, Apr. 21, 1983, unless
                                                                     (area) Armed Forces Disciplinary Control                  otherwise noted.
                                                                     Board convened at (place), (date)
                                                                       2. The following voting members were                    § 632.1 Purpose.
                                                                     present: (List names, titles, and addresses.)
                                                                       3. The following military members were
                                                                                                                                  This regulation implements DOD Di-
                                                                     present: (List names, titles, and addresses.)             rective 5210.65. It sets uniform policy
                                                                       4. The following civilian advisory members              for use of force by DA law enforcement
                                                                     were present: (List names, titles, and ad-                and security personnel.
                                                                     dresses.)
                                                                       5. Order of business:                                   § 632.2 Applicability.
                                                                       a. Call to order.                                          (a) This regulation applies to all DA
                                                                       b. Welcome.
                                                                       c. Introduction of members and guests.                  including Army National Guard and
                                                                       d. Explanation of purpose of board.                     Army Reserve and civilian personnel
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                                                                       e. Reading of minutes.                                  engaged in law enforcement or security
                                                                       f. Unfinished or continuing business.                   duties, and those civilian contract

                                                                                                                          17



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                                                                     § 632.3                                                                32 CFR Ch. V (7–1–08 Edition)

                                                                     guard personnel performing security                       lesser means have failed or cannot rea-
                                                                     duties. These duties include guarding                     sonably be used. Use deadly force for
                                                                     U.S. Military prisoners and interior                      one or more of the following reasons
                                                                     guard duties.                                             only:
                                                                       (b) Except for personnel guarding                         (1) In self-defense, when in imminent
                                                                     U.S. military prisoners, this regulation                  danger of death or serious injury.
                                                                     does not apply to persons assigned to—                      (2) To protect property related to na-
                                                                       (1) A wartime combat zone.                              tional security, when reasonably nec-
                                                                       (2) A non-wartime hostile fire area.                    essary to prevent—
                                                                       (3) Duties with the U.S. Secret Serv-                     (i) Threatened theft, damage, or espi-
                                                                     ice.                                                      onage aimed at property or informa-
                                                                       (4) Civil disturbance control. (See                     tion specified by a commander or other
                                                                     para 4–12, FM 19–15.)                                     competent authority as vital to na-
                                                                                                                               tional security. (See paragraph (b) of
                                                                     § 632.3 Policy.
                                                                                                                               this section.)
                                                                        (a) Law enforcement and security                         (ii) Actual theft, damage, or espio-
                                                                     personnel will use force only when they                   nage aimed at property or information
                                                                     cannot fulfill their duties without it.                   which, though not vital, is substan-
                                                                     They will use the minimum force need-                     tially important to national security.
                                                                     ed; only as a last resort will they use                   (See paragraph (b) of this section.)
                                                                     deadly force. (See §§ 632.3(c), 632.4, and                  (iii) Escape of an individual whose
                                                                     632.5.)                                                   unauthorized presence near property or
                                                                        (b) Commanders are encouraged to                       information vital to national security
                                                                     substitute nonlethal devices (such as                     is a reasonable threat of theft, sabo-
                                                                     night sticks) for firearms when ade-                      tage, or espionage.
                                                                     quate for law enorcement and security                       (3) To prevent actual theft or sabo-
                                                                     personnel to safely fulfill their duties.                 tage of property (such as operable
                                                                        (c) In evaluating the degree of force
                                                                                                                               weapons or ammunition) which could
                                                                     needed for specific law enforcement or
                                                                                                                               cause deadly harm to others in the
                                                                     security situations, consider these op-
                                                                                                                               hands of an unauthorized person.
                                                                     tions:
                                                                                                                                 (4) To prevent serious offenses
                                                                        (1) Verbal persuasion.
                                                                                                                               against a person or persons (e.g., armed
                                                                        (2) Unarmed defense techniques.
                                                                                                                               robbery, rape, or violent destruction of
                                                                        (3) Chemical aerosol irritant projec-
                                                                                                                               property by arson, bombing).
                                                                     tors (M36). (May be subject to host na-
                                                                     tion or local restrictions.)                                (5) To apprehend a suspect believed
                                                                        (4) MP club.                                           to have committed any of the types of
                                                                        (5) MP working dogs.                                   offenses named in paragraphs (a) (2),
                                                                        (6) Deadly force. (§ 632.4)                            (3), and (4) of this section.
                                                                        (d) Entrapment, i.e., inducing some-                     (6) To prevent the escape of a pris-
                                                                     one to commit an offense in order to                      oner (when authorized by a commander
                                                                     prosecute that person, is not permitted                   or other competent authority and rea-
                                                                     in law enforcement or security duties.                    sonably necessary).
                                                                        (e) Use MP working dogs in accord-                       (7) To obey lawful orders from higher
                                                                     ance with the provisions of AR 190–12.                    authority governed by this regulation.
                                                                     Release dogs only if a lesser measure of                    (b) A commander or other competent
                                                                     force would not be effective.                             authority will specify that property or
                                                                        (1) Releasing a sentry dog to appre-                   information is—
                                                                     hend a suspect is a greater measure of                      (1) Vital to national security only
                                                                     force than releasing a patrol dog.                        when its loss, damage, or compromise
                                                                        (2) Before releasing a military dog for                would seriously harm national security
                                                                     attack, give a challenge or order to                      or an essential national defense mis-
                                                                     halt.                                                     sion.
                                                                                                                                 (2) Substantially important to na-
                                                                     § 632.4 Deadly force.                                     tional security based on the mission
                                                                        (a) Deadly force is destructive phys-                  and the material or information re-
                                                                     ical force directed against a person or                   quired to perform it.
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                                                                     persons (e.g., firing a lethal weapon).                     (c) To comply with local law or inter-
                                                                     Use it only in extreme need, when all                     national agreement or arrangements, a

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                                                                     Department of the Army, DoD                                                                         § 633.12

                                                                     commander may impose further re-                            (3) Require interior guards to receive
                                                                     strictions on using deadly force. (Re-                    instructions regarding use of force.
                                                                     strictions should not unduly com-                         (Give periodic refresher training to en-
                                                                     promise U.S. security interests).                         sure continued familiarity with regula-
                                                                       (d) Security criteria and standards                     tions.)
                                                                     for protection of nuclear weapons                           (c) Requirements concerning use of
                                                                     (paragraph (c) of this section AR 50–5–                   the MP club and chemical aerosol irri-
                                                                     1) and for chemical agents (paragraph                     tant projectors apply only when these
                                                                     (c) of this section AR 50–6–1) also apply.                weapons are issued items or are carried
                                                                     § 632.5 Use of firearms.                                  on duty.
                                                                                                                                 (d) FM 19–5 contains procedures and
                                                                        (a) If it becomes necessary to use a                   methods for using unarmed defense
                                                                     firearm in any of the circumstances de-
                                                                                                                               techniques and the MP club.
                                                                     scribed in § 632.4 of this part, observe
                                                                     the following precautions when pos-
                                                                     sible:                                                    PART 633—INDIVIDUAL REQUESTS
                                                                        (1) Give an order to halt before firing.                 FOR ACCESS OR AMENDMENT
                                                                        (2) Do not fire if shots are likely to                   OF CID REPORTS OF INVESTIGA-
                                                                     harm innocent bystanders.                                   TION
                                                                        (3) Since warning shots could harm
                                                                     innocent bystanders, avoid firing them.                   Sec.
                                                                     However, when lesser degrees of force                     633.11   Access to CID reports.
                                                                     have failed, the law enforcement or se-                   633.12   Amendment to CID reports.
                                                                     curity person may judge that warning                      633.13   Submission of requests.
                                                                     shots would help to control the situa-
                                                                     tion without using deadly force. If able                    AUTHORITY: Sec. 3012, 70A Stat. 157; 10
                                                                                                                               U.S.C. 3012.
                                                                     to avoid hazards to innocent persons in
                                                                     these cases, fire warning shots.                            SOURCE: 44 FR 44156, July 27, 1979, unless
                                                                        (4) Aim to disable. At times it may be                 otherwise noted.
                                                                     difficult to fire with enough precision
                                                                     to ensure disabling rather than killing.                  § 633.11    Access to CID reports.
                                                                     If the use of firearms are otherwise au-                    All requests for access to CID reports
                                                                     thorized by this regulation, such cir-                    made under the Privacy or Freedom of
                                                                     cumstances will not rule out their use.                   Information Acts will be processed in
                                                                                                                               accordance with AR 340–21 and AR 340–
                                                                     § 632.6 Administrative instructions.
                                                                                                                               17, respectively.
                                                                        (a) Commanders will ensure that all
                                                                     persons assigned to law enforcement,                      § 633.12    Amendment to CID reports.
                                                                     security, or US military prisoners’
                                                                                                                                 USACIDC reports of investigation
                                                                     guard duties will, before performing
                                                                                                                               (ROI) are exempt from the amendment
                                                                     these duties—
                                                                                                                               provisions of the Privacy Act and AR
                                                                        (1) Receive instructions on regula-
                                                                                                                               340–21. Requests for amendment will be
                                                                     tions regarding use of force.
                                                                        (2) Show knowledge and skill in the                    considered only under the provisions of
                                                                     use of—                                                   this regulation. Requests to amend
                                                                        (i) Unarmed defense techniques.                        USACIDC reports will be granted only
                                                                        (ii) MP club.                                          if the individual submits new, relevant
                                                                        (iii) Individual chemical aerosol irri-                and material facts that are determined
                                                                     tant projectors.                                          to warrant their inclusion in or revi-
                                                                        (iv) Their assigned firearms.                          sion of the ROI. The burden of proof is
                                                                        (b) Commanders will also—                              on the individual to substantiate the
                                                                        (1) Provide periodic refresher train-                  request. Requests to delete a person’s
                                                                     ing to ensure continued proficiency and                   name from the title block will be
                                                                     updated knowledge in these skills. (In-                   granted only if it is determined that
                                                                     clude applicable host nation require-                     there is not probable cause to believe
                                                                     ments.)                                                   that the individual committed the of-
                                                                        (2) Require MPs with law enforce-                      fense for which he or she is listed as a
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                                                                     ment duties to qualify yearly with                        subject. It is emphasized that the deci-
                                                                     their assigned handguns.                                  sion to list a person’s name in the title

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                                                                     § 633.13                                                                 32 CFR Ch. V (7–1–08 Edition)

                                                                     block of a USACIDC report of inves-                         634.23   Specified consent to impoundment.
                                                                     tigation is an investigative determina-
                                                                     tion that is independent of whether or                               Subpart D—Traffic Supervision
                                                                     not subsequent judicial, nonjudicial or                     634.24 Traffic planning and codes.
                                                                     administrative action is taken against                      634.25 Installation traffic codes.
                                                                     the individual. Within these param-                         634.26 Traffic law enforcement principles.
                                                                     eters, any changes in the ROI rest                          634.27 Speed-measuring devices.
                                                                     within the sole discretion of the Com-                      634.28 Traffic accident investigation.
                                                                     manding General. USACIDC, whose de-                         634.29 Traffic accident investigation re-
                                                                     cision will constitute final action on                          ports.
                                                                     behalf of the Secretary of the Army                         634.30 Use of traffic accident investigation
                                                                     with respect to this regulation.                                report data.
                                                                                                                                 634.31 Parking.
                                                                     § 633.13 Submission of requests.                            634.32 Traffic violation reports.
                                                                                                                                 634.33 Training of law enforcement per-
                                                                        Requests for access to or amendment                          sonnel.
                                                                     of USACIDC investigative reports will                       634.34 Blood alcohol concentration stand-
                                                                     be forwarded to Commander, USACIDC,                             ards.
                                                                     ATTN: CIJA-RI, 5611 Columbia Pike,                          634.35 Chemical testing policies and proce-
                                                                     Falls Church, VA 22041.                                         dures.
                                                                                                                                 634.36 Detection, apprehension, and testing
                                                                          PART 634—MOTOR VEHICLE                                     of intoxicated drivers.
                                                                                                                                 634.37 Voluntary breath and bodily fluid
                                                                            TRAFFIC SUPERVISION                                      testing based on implied consent.
                                                                                                                                 634.38 Involuntary extraction of bodily
                                                                                  Subpart A—Introduction                             fluids in traffic cases.
                                                                     Sec.                                                        634.39 Testing at the request of the appre-
                                                                     634.1 Purpose.                                                  hended person.
                                                                     634.2 References.                                           634.40 General off installation traffic activi-
                                                                     634.3 Explanation of abbreviations               and            ties.
                                                                         terms.                                                  634.41 Compliance with State laws.
                                                                     634.4 Responsibilities.                                     634.42 Civil-military cooperative programs.
                                                                     634.5 Program objectives.
                                                                                                                                 Subpart E—Driving Records and the Traffic
                                                                                Subpart B—Driving Privileges                                   Point System
                                                                     634.6 Requirements for driving privileges.                  634.43 Driving records.
                                                                     634.7 Stopping and inspecting personnel or                  634.44 The traffic point system.
                                                                         vehicles.                                               634.45 Point system application.
                                                                     634.8 Implied consent.                                      634.46 Point system procedures.
                                                                     634.9 Suspension or revocation of driving or                634.47 Disposition of driving records.
                                                                         privately owned vehicle registration
                                                                         privileges.                                              Subpart F—Impounding Privately Owned
                                                                     634.10 Remedial driver training programs.
                                                                                                                                                Vehicles
                                                                     634.11 Administrative due process for sus-
                                                                         pensions and revocations.                               634.48 General.
                                                                     634.12 Army administrative actions against                  634.49 Standards for impoundment.
                                                                         intoxicated drivers.                                    634.50 Towing and storage.
                                                                     634.13 Alcohol and drug abuse programs.
                                                                                                                                 634.51 Procedures for impoundment.
                                                                     634.14 Restoration of driving privileges upon
                                                                                                                                 634.52 Search incident to impoundment
                                                                         acquittal of intoxicated driving.
                                                                                                                                     based on criminal activity.
                                                                     634.15 Restricted driving privileges or pro-
                                                                         bation.                                                 634.53 Disposition of vehicles after impound-
                                                                     634.16 Reciprocal state-military action.                        ment.
                                                                     634.17 Extensions of suspensions and revoca-
                                                                         tions.                                                   Subpart G—List of State Driver’s License
                                                                     634.18 Reinstatement of driving privileges.                                Agencies

                                                                        Subpart C—Motor Vehicle Registration                     634.54 List of State Driver’s License Agen-
                                                                                                                                     cies.
                                                                     634.19 Registration policy.                                  AUTHORITY: 10 U.S.C. 30112(g); 5 U.S.C. 2951;
                                                                     634.20 Privately owned vehicle operation re-                Pub. L. 89–564; 89–670; 91–605; and 93–87.
                                                                         quirements.
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                                                                     634.21 Department of Defense Form 2220.                       SOURCE: 70 FR 18969, Apr. 12, 2005, unless
                                                                     634.22 Termination or denial of registration.               otherwise noted.

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                                                                     Department of the Army, DoD                                                                          § 634.4

                                                                                Subpart A—Introduction                            (2) Develop standard policies and pro-
                                                                                                                                cedures that include establishing an
                                                                     § 634.1 Purpose.                                           automated records program on traffic
                                                                        (a) This subpart establishes policy,                    supervision.
                                                                     responsibilities, and procedures for                         (3) Maintain liaison with interested
                                                                     motor vehicle traffic supervision on                       staff agencies and other military de-
                                                                     military installations in the conti-                       partments on traffic supervision.
                                                                     nental United States (CONUS) and                             (4) Maintain liaison with depart-
                                                                     overseas areas. This includes but is not                   mental safety personnel on traffic safe-
                                                                     limited to the following:                                  ty and accident reporting systems.
                                                                        (1) Granting, suspending, or revoking                     (5) Coordinate with national, re-
                                                                     the privilege to operate a privately                       gional, and state traffic officials and
                                                                     owned vehicle (POV).
                                                                                                                                agencies, and actively participate in
                                                                        (2) Registration of POVs.
                                                                        (3) Administration of vehicle reg-                      conferences and workshops sponsored
                                                                     istration     and    driver    performance                 by the Government or private groups
                                                                     records.                                                   at the national level.
                                                                        (4) Driver improvement programs.                          (6) Help organize and monitor police
                                                                        (5) Police traffic supervision.                         traffic supervision training.
                                                                        (6) Off-installation traffic activities.                  (7) Maintain liaison with the Depart-
                                                                        (b) Commanders in overseas areas are                    ment of Transportation (DOT) and
                                                                     authorized to modify these policies and                    other Federal departments and agen-
                                                                     procedures in the following instances:                     cies on the National Highway Safety
                                                                        (1) When dictated by host nation re-                    Program Standards (NHSPS) and pro-
                                                                     lationships, treaties, and agreements.                     grams that apply to U.S. military traf-
                                                                        (2) When traffic operations under                       fic supervision.
                                                                     military supervision necessitate meas-
                                                                                                                                  (8) Participate in the national effort
                                                                     ures to safeguard and protect the mo-
                                                                                                                                to reduce intoxicated driving.
                                                                     rale, discipline, and good order in the
                                                                     Services.                                                    (b) All major commanders. Major com-
                                                                                                                                manders of the Army, Navy, Air Force,
                                                                     § 634.2 References.                                        Marine Corps, and DLA will—
                                                                        Required and related publications                         (1) Manage traffic supervision in
                                                                     along with prescribed and referenced                       their commands.
                                                                     forms are listed in Appendix A, AR 190–                      (2) Cooperate with the support pro-
                                                                     5.                                                         grams of state and regional highway
                                                                                                                                traffic safety organizations.
                                                                     § 634.3 Explanation of abbreviations                         (3) Coordinate regional traffic super-
                                                                         and terms.                                             vision activities with other major mili-
                                                                        Abbreviations and special terms used                    tary commanders in assigned geo-
                                                                     in this subpart are explained in the                       graphic areas of responsibility.
                                                                     Glossary of AR 190–5. It is available on                     (4) Monitor agreements between in-
                                                                     the internet at: www.usapa.army.mil.                       stallations and host state authorities
                                                                     § 634.4 Responsibilities.                                  for reciprocal reporting of suspension
                                                                                                                                and revocation of driving privileges.
                                                                        (a) Departmental. The Provost Mar-                        (5) Participate in state and host na-
                                                                     shal General, Headquarters, Depart-
                                                                                                                                tion efforts to reduce intoxicated driv-
                                                                     ment of the Army (HQDA); Director,
                                                                                                                                ing.
                                                                     Naval Criminal Investigative Service,
                                                                     U.S. Navy (USN); Headquarters, Air                           (6) Establish awards and recognition
                                                                     Force Security Forces Center; Head-                        programs to recognize successful in-
                                                                     quarters, U.S. Marine Corps (USMC);                        stallation efforts to eliminate intoxi-
                                                                     Staff Director, Command Security Of-                       cated driving. Ensure that criteria for
                                                                     fice, Headquarters, Defense Logistics                      these awards are positive in nature and
                                                                     Agency (DLA), and Chief, National                          include more than just apprehensions
                                                                     Guard Bureau will—                                         for intoxicated driving.
                                                                        (1) Exercise staff supervision over                       (7) Modify policies and procedures
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                                                                     programs for motor vehicle traffic su-                     when required by host nation treaties
                                                                     pervision.                                                 or agreements.

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                                                                     § 634.4                                                                32 CFR Ch. V (7–1–08 Edition)

                                                                       (c) Major Army commanders. Major                        and regulations pertaining to traffic
                                                                     Army commanders will ensure subordi-                      control.
                                                                     nate installations implement all provi-                      (2) Assist traffic engineering func-
                                                                     sions of this part.                                       tions at installations by participating
                                                                       (d) Commanding General, U.S. Army                       in traffic control studies designed to
                                                                     Training and Doctrine Command (CG,                        obtain information on traffic problems
                                                                     TRADOC). The CG, TRADOC will en-                          and usage patterns.
                                                                     sure that technical training for func-                       (g) Safety officer. Safety officers will
                                                                     tional users is incorporated into serv-                   participate in and develop traffic acci-
                                                                     ice school instructional programs.                        dent prevention initiatives in support
                                                                       (e) Installation or activity commander,                 of the installation traffic safety pro-
                                                                     Director of Military Support and State                    gram.
                                                                     Adjutant General. The installation or                        (h) Facility engineer (public works offi-
                                                                     activity commander (for the Navy, the                     cer at Navy installations). The facility
                                                                     term installation shall refer to either                   engineer, engineer officer or civil engi-
                                                                     the regional commander or installation                    neer at Air Force installations, in close
                                                                     commanding officer, whoever has own-                      coordination with the law enforcement
                                                                     ership of the traffic program) will—                      officer, will—
                                                                       (1) Establish an effective traffic su-                     (1) Perform that phase of engineering
                                                                     pervision program.                                        concerned with the planning, design,
                                                                       (2) Cooperate with civilian police                      construction, and maintenance of
                                                                     agencies and other local, state, or fed-                  streets, highways, and abutting lands.
                                                                     eral government agencies concerned
                                                                                                                                  (2) Select, determine appropriate de-
                                                                     with traffic supervision.
                                                                                                                               sign, procure, construct, install, and
                                                                       (3) Ensure that traffic supervision is                  maintain permanent traffic and park-
                                                                     properly integrated in the overall in-                    ing control devices in coordination
                                                                     stallation traffic safety program.
                                                                                                                               with the law enforcement officer and
                                                                       (4) Actively participate in Alcohol                     installation safety officer.
                                                                     Safety Action Projects (ASAP) in
                                                                                                                                  (3) Ensure that traffic signs, signals,
                                                                     neighboring communities.
                                                                                                                               and pavement markings conform to the
                                                                       (5) Ensure that active duty Army law                    standards in the current Manual on
                                                                     enforcement personnel follow the pro-
                                                                                                                               Uniform Traffic Control Devices for
                                                                     visions of AR 190–45 in reporting all
                                                                                                                               Streets and Highways.
                                                                     criminal violations and utilize the Cen-
                                                                     tralized     Police   Operations    Suite                    (4) Ensure that planning, design, con-
                                                                     (COPS) to support reporting require-                      struction, and maintenance of streets
                                                                     ments and procedures. Air Force per-                      and highways conform to the NHSPS
                                                                     sonnel engaged in law enforcement and                     as implemented by the Army.
                                                                     adjudication activities will follow the                      (i) Traffic engineer. The traffic engi-
                                                                     provisions of AFI 31–203 in reporting all                 neer, in close coordination with the
                                                                     criminal and traffic violations, and uti-                 law enforcement officer, will:
                                                                     lized the Security Forces Management                         (1) Conduct formal traffic engineer-
                                                                     Information Systems (SFMIS) to sup-                       ing studies.
                                                                     port reporting requirements and proce-                       (2) Apply traffic engineering meas-
                                                                     dures.                                                    ures, including traffic control devices,
                                                                       (6) Implement the terms of this part                    to reduce the number and severity of
                                                                     in accordance with the provisions of                      traffic accidents. (If there is no instal-
                                                                     the Federal Service Labor-Manage-                         lation traffic engineer, installation
                                                                     ment Relations Statute, 5 U.S.C. Chap-                    commanders may request these serv-
                                                                     ter 71.                                                   ices through channels from the Com-
                                                                       (7) Revoke driving privileges in ac-                    mander, Military Surface Deployment
                                                                     cordance with this part.                                  and Distribution Command, 200 Stovall
                                                                       (f) Installation law enforcement officer.               Street, Alexandria, VA 22332).
                                                                     The installation law enforcement offi-                       (j) Army Alcohol and Drug Control Of-
                                                                     cer will—                                                 ficer (ADCO). The ADCO will provide
                                                                       (1) Exercise overall staff responsi-                    treatment and education services to
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                                                                     bility for directing, regulating, and                     personnel with alcohol or drug abuse
                                                                     controlling traffic, and enforcing laws                   problems.

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                                                                     Department of the Army, DoD                                                                         § 634.6

                                                                       (k) Navy Substance Abuse Rehabilita-                        Subpart B—Driving Privileges
                                                                     tion Program (SARP) Directors. These di-
                                                                     rectors will—                                             § 634.6 Requirements for driving privi-
                                                                       (1) Supervise the alcohol/drug reha-                        leges.
                                                                     bilitation services to personnel with al-                   (a) Driving a Government vehicle or
                                                                     cohol or drug abuse problems.                             POV on military installations is a
                                                                       (2) Provide remedial/motivational                       privilege granted by the installation
                                                                     education for all persons identified as                   commander. Persons who accept the
                                                                     alcohol or drug abusers who are evalu-                    privilege must—
                                                                     ated as not dependent on alcohol or                         (1) Be lawfully licensed to operate
                                                                     drugs and who have been referred to                       motor vehicles in appropriate classi-
                                                                     level one rehabilitation by their com-                    fications and not be under suspension
                                                                     mands.                                                    or revocation in any state or host
                                                                       (l) Marine Corps Substance Abuse Pro-                   country.
                                                                     gram Officer. This officer will provide                     (2) Comply with laws and regulations
                                                                     alcohol/drug education, treatment, and                    governing motor vehicle operations on
                                                                     rehabilitation services to personnel                      any U. S. military installation.
                                                                     with alcohol/drug abuse problems.                           (3) Comply with installation registra-
                                                                       (m) DLA Employee Assistance Program                     tion requirements in Subpart C of this
                                                                                                                               part. Vehicle registration is required
                                                                     Officer. This officer will provide alco-
                                                                                                                               on all Army installations through use
                                                                     hol/drug counseling and referral serv-
                                                                                                                               of the Vehicle Registration System
                                                                     ices to identified personnel with alco-                   (VRS). Vehicle registration is required
                                                                     hol/drug abuse problems in accordance                     on all Air Force and DLA installations
                                                                     with procedures prescribed by the                         and as directed by the Chief, National
                                                                     Labor Relations Officer, Office of                        Guard Bureau.
                                                                     Human Resource, HQ DLA.                                     (4) Possess, while operating a motor
                                                                       (n) Alcohol/Drug Abuse Prevention                       vehicle and produce on request by law
                                                                     Treatment (ADAPT) program. Air Force                      enforcement personnel, the following:
                                                                     Commanders will refer personnel iden-                       (i) Proof of vehicle ownership or state
                                                                     tified with alcohol/drug abuse problems                   registration if required by the issuing
                                                                     to this program in accordance with es-                    state or host nation.
                                                                     tablished procedures.                                       (ii) A valid state, host nation, over-
                                                                                                                               seas command, or international driv-
                                                                     § 634.5    Program objectives.                            er’s license and/or OF 346 (U.S. Govern-
                                                                       (a) The objectives of motor vehicle                     ment Motor Vehicle Operator’s Identi-
                                                                     traffic supervision are to assure—                        fication Card), as applicable to the
                                                                       (1) Safe and efficient movement of                      class vehicle to be operated, supported
                                                                     personnel and vehicles.                                   by a DD Form 2A (U.S. Armed Forces
                                                                       (2) Reduction of traffic deaths, inju-                  Identification Card), Common Access
                                                                     ries, and property damage from traffic                    Card (CAC) or other appropriate identi-
                                                                                                                               fication for non-Department of Defense
                                                                     accidents. Most traffic accidents can be
                                                                                                                               (DOD) civilians.
                                                                     prevented. Investigation of motor vehi-
                                                                                                                                 (iii) A valid record of motor vehicle
                                                                     cle accidents should examine all fac-
                                                                                                                               safety inspection, as required by the
                                                                     tors, operator status, vehicle condi-
                                                                                                                               state or host nation and valid proof of
                                                                     tion, and supervisory control measures                    insurance if required by the state or lo-
                                                                     involved.                                                 cality.
                                                                       (3) Integration of installation safety,                   (iv) Any regulatory permits, or other
                                                                     engineering, legal, medical, and law en-                  pertinent documents relative to ship-
                                                                     forcement resources into the installa-                    ping and transportation of special
                                                                     tion traffic planning process.                            cargo.
                                                                       (4) Removal of intoxicated drivers                        (v) When appropriate, documents
                                                                     from installation roadways.                               that establish identification and status
                                                                       (b) [Reserved]                                          of cargo or occupants.
                                                                                                                                 (vi) Proof of valid insurance. Proof of
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                                                                                                                               insurance consists of an insurance
                                                                                                                               card, or other documents issued by the

                                                                                                                          23



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                                                                     § 634.7                                                                32 CFR Ch. V (7–1–08 Edition)

                                                                     insurance company, that has a policy                      § 634.8 Implied consent.
                                                                     effective date and an expiration date.                       (a) Implied consent to blood, breath, or
                                                                       (b) Operators of Government motor                       urine tests. Persons who drive on the in-
                                                                     vehicles must have proof of authoriza-                    stallation shall be deemed to have
                                                                     tion to operate the vehicle.                              given their consent to evidential tests
                                                                     § 634.7 Stopping and inspecting per-                      for alcohol or other drug content of
                                                                          sonnel or vehicles.                                  their blood, breath, or urine when law-
                                                                                                                               fully stopped, apprehended, or cited for
                                                                        (a) Government vehicles may be                         any offense allegedly committed while
                                                                     stopped by law enforcement personnel                      driving or in physical control of a
                                                                     on military installations based on the                    motor vehicle on military installations
                                                                     installation commander’s policy.                          to determine the influence of intoxi-
                                                                        (1) In overseas areas, Government ve-                  cants.
                                                                     hicles may be stopped on or off instal-                      (b) Implied consent to impoundment.
                                                                     lations as determined by host nation                      Any person granted the privilege to op-
                                                                     agreement and command policy.                             erate or register a motor vehicle on a
                                                                        (2) Stops and inspections of vehicles                  military installation shall be deemed
                                                                     at installation gates or entry points                     to have given his or her consent for the
                                                                     and in restricted areas will be con-                      removal and temporary impoundment
                                                                     ducted according to command policy.                       of the POV when it is parked illegally,
                                                                        (b) Stops and inspections of POVs                      or for unreasonable periods, as deter-
                                                                     within the military installation, other                   mined by the installation commander
                                                                     than at restricted areas or at an instal-                 or applicable authority, interfering
                                                                     lation gate, are authorized only when                     with military operations, creating a
                                                                     there is a reasonable suspicion of                        safety hazard, disabled by accident, left
                                                                     criminal activity, or of a violation of a                 unattended in a restricted or con-
                                                                     traffic regulation or of the installation                 trolled area, or abandoned. Such per-
                                                                     commander’s policy. Marine Corps                          sons further agree to reimburse the
                                                                     users will be guided by publication of                    United States for the cost of towing
                                                                     Marine Corps order and Military Rules                     and storage should their motor vehicle
                                                                     of Evidence 311–316 and local command                     be removed or impounded. Existence of
                                                                     regulations. DLA users, see DLAR                          these conditions will be determined by
                                                                     5700.7.                                                   the installation commander or des-
                                                                        (c) At the time of stop, the driver and                ignee.
                                                                     occupants may be required to display                         (c) Any person who operates, reg-
                                                                     all pertinent documents, including but                    isters, or who is in control of a motor
                                                                     not limited to:                                           vehicle on a military installation in-
                                                                        (1) DD Form 2A.                                        volved in a motor vehicle or criminal
                                                                        (2) Documents that establish the                       infraction shall be informed that no-
                                                                     identity and status of civilians; for ex-                 tice of the violation of law or regula-
                                                                     ample, Common Access Card (CAC), DD                       tion will be forwarded to the Depart-
                                                                     Form 1173 (Uniformed Services Identi-                     ment of Motor Vehicles (DMV) of the
                                                                     fication and Privilege Card), DA Form                     host state and/or home of record for
                                                                     1602 (Civilian Identification), AF Form                   the individual, and to the National
                                                                     354 (Civilian Identification Card), DD                    Register, when applicable.
                                                                     Form 2 (Armed Forces of the United
                                                                     States Identification Card), post pass,                   § 634.9 Suspension or revocation of
                                                                     national identity card, or other identi-                      driving or privately owned vehicle
                                                                     fication.                                                     registration privileges.
                                                                        (3) Proper POV registration docu-                         The installation commander or des-
                                                                     ments.                                                    ignee may for cause, or any lawful rea-
                                                                        (4) Host nation vehicle registration                   son, administratively suspend or re-
                                                                     documents, if applicable.                                 voke driving privileges on the installa-
                                                                        (5) Authorization to operate a Gov-                    tion. The suspension or revocation of
                                                                     ernment vehicle, if applicable.                           installation driving privileges or POV
                                                                        (6) Drivers license or OF 346 valid for                registrations, for lawful reasons unre-
                                                                     the particular vehicle and area of oper-                  lated to traffic violations or safe vehi-
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                                                                     ation.                                                    cle operation, is not limited or re-
                                                                        (7) Proof of insurance.                                stricted by this part.

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                                                                     Department of the Army, DoD                                                                         § 634.9

                                                                        (a) Suspension. (1) Driving privileges                 law of the jurisdiction that is being as-
                                                                     are usually suspended when other                          similated on the military installation.
                                                                     measures fail to improve a driver’s per-                     (iii) Operating a motor vehicle with a
                                                                     formance. Measures should include                         BAC of 0.05 percent by volume but less
                                                                     counseling, remedial driving training,                    than 0.08 percent blood alcohol by vol-
                                                                     and rehabilitation programs if violator                   ume in violation of the law of the juris-
                                                                     is entitled to the programs. Driving                      diction in which the vehicle is being
                                                                     privileges may also be suspended for up                   operated if the jurisdiction imposes a
                                                                     to 6 months if a driver continually vio-                  suspension solely on the basis of the
                                                                     lates installation parking regulations.                   BAC level (as measured in grams per
                                                                     The commander will determine stand-
                                                                                                                               100 milliliters).
                                                                     ards for suspension based on frequency
                                                                     of parking violations and publish those                      (iv) On an arrest report or other offi-
                                                                     standards. Aboard Navy installations,                     cial     documentation     of   the   cir-
                                                                     any vehicle parked in a fire lane will be                 cumstances of an apprehension for in-
                                                                     towed at the owner’s expense. Any ve-                     toxicated driving.
                                                                     hicle parked without authorization in                        (b) Revocation. (1) The revocation of
                                                                     an area restricted due to force protec-                   installation or overseas command POV
                                                                     tion measures may subject the driver                      driving privileges is a severe adminis-
                                                                     to immediate suspension by the instal-                    trative measure to be exercised for se-
                                                                     lation commanding officer. Vehicle                        rious moving violations or when other
                                                                     will be towed at the owner/operator’s                     available corrective actions fail to
                                                                     expense.                                                  produce the desired driver improve-
                                                                        (2) The installation commander has                     ment. Revocation of the driving privi-
                                                                     discretionary power to withdraw the                       lege will be for a specified period, but
                                                                     authorization of active duty military                     never less than 6 months, applies at all
                                                                     personnel, DOD civilian employees, and                    military installations, and remains in
                                                                     nonappropriated funds (NAF) employ-                       effect upon reassignment.
                                                                     ees, contractors and subcontractors to                       (2) Driving privileges are subject to
                                                                     operate Government vehicles.                              revocation when an individual fails to
                                                                        (3) Immediate suspension of installa-
                                                                                                                               comply with any of the conditions req-
                                                                     tion or overseas command POV driving
                                                                                                                               uisite to the granting privilege (see
                                                                     privileges pending resolution of an in-
                                                                     toxicated driving incident is authorized                  § 634.6). Revocation of installation driv-
                                                                     for active duty military personnel,                       ing and registration privileges is au-
                                                                     family members, retired members of                        thorized for military personnel, family
                                                                     the military services, DOD civilian per-                  members, civilian employees of DOD,
                                                                     sonnel, and others with installation or                   contractors, and other individuals with
                                                                     overseas command driving privileges,                      installation driving privileges. For ci-
                                                                     regardless of the geographic location of                  vilian guests, revocation is authorized
                                                                     the intoxicated driving incident. Sus-                    only with respect to incidents occur-
                                                                     pension is authorized for non-DOD af-                     ring on the installation or in the areas
                                                                     filiated civilians only with respect to                   subject to military traffic supervision.
                                                                     incidents occurring on the installation                      (3) Driving privileges will be revoked
                                                                     or in areas subject to military traffic                   for a mandatory period of not less than
                                                                     supervision. After a review of available                  1 year in the following circumstances:
                                                                     information as specified in § 634.11, in-                    (i) The installation commander or
                                                                     stallation driving privileges will be im-                 designee has determined that the per-
                                                                     mediately suspended pending resolu-                       son lawfully apprehended for driving
                                                                     tion of the intoxicated driving accident                  under the influence refused to submit
                                                                     in the following circumstances:                           to or complete a test to measure the
                                                                        (i) Refusal to take or complete a law-                 alcohol content in the blood, or detect
                                                                     fully requested chemical test to deter-
                                                                                                                               the presence of any other drug, as re-
                                                                     mine contents of blood for alcohol or
                                                                                                                               quired by the law of the jurisdiction, or
                                                                     other drugs.
                                                                        (ii) Operating a motor vehicle with a                  installation traffic code, or by Service
                                                                     blood alcohol content (BAC) of .08 per-                   directive.
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                                                                     cent by volume (.08 grams per 100 milli-
                                                                     liters) or higher or in violation of the

                                                                                                                          25



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                                                                     § 634.10                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                       (ii) A conviction, nonjudicial punish-                    (d) Civilian personnel employed on
                                                                     ment, or a military or civilian admin-                    the installation, contractor employees,
                                                                     istrative action resulting in the sus-                    and family members of military per-
                                                                     pension or revocation of driver’s li-                     sonnel may attend remedial courses on
                                                                     cense for intoxicated driving. Appro-                     the installation, or similar courses off
                                                                     priate official documentation of such                     the installation which incur no expense
                                                                     conviction is required as the basis for                   to the government.
                                                                     revocation.
                                                                       (4) When temporary suspensions                          § 634.11 Administrative due process
                                                                     under paragraph (a)(3) of this section                        for suspensions and revocations.
                                                                     are followed by revocations, the period                     (a) Individual Services will promul-
                                                                     of revocation is computed beginning                       gate separate regulations establishing
                                                                     from the date the original suspension                     administrative due process procedures
                                                                     was imposed, exclusive of any period                      for suspension or revocation of driving
                                                                     during which full driving privileges                      privileges. The procedures in para-
                                                                     may have been restored pending resolu-                    graphs (b) and (c) of this section apply
                                                                     tion of charges. (Example: privileges                     to actions taken by Army commanders
                                                                     were initially suspended on January 1,                    with respect to Army military per-
                                                                     2000 for a charge of intoxicated driving                  sonnel and family members and to ci-
                                                                     with a BAC of 0.14 percent. A hearing                     vilian personnel operating motor vehi-
                                                                     was held, extreme family hardship was                     cles on Army installations. For Marine
                                                                     substantiated, and privileges were re-                    Corps users, the provisions of this sec-
                                                                     stored on February 1 pending resolu-
                                                                                                                               tion apply. For Air Force users, a pre-
                                                                     tion of the charge. On March 1, 2000,
                                                                                                                               liminary suspension for intoxicated
                                                                     the driver was convicted for intoxi-
                                                                                                                               driving remains in effect until the in-
                                                                     cated driving. The mandatory 1-year
                                                                                                                               stallation commander makes a final
                                                                     revocation period will consist of Janu-
                                                                                                                               decision. Requested hearings must take
                                                                     ary 2000 plus March 2000 through Janu-
                                                                                                                               place within a reasonable period, which
                                                                     ary 2001, for a total of 12 months with
                                                                                                                               is determined by the installation com-
                                                                     no installation driving privileges).
                                                                                                                               mander.
                                                                       (c) Army provost marshals will use
                                                                     the automated VRS to develop and                            (b) For offenses other than intoxi-
                                                                     maintain records showing that an indi-                    cated driving, suspension or revocation
                                                                     vidual’s driving privileges have been                     of the installation driving privilege
                                                                     revoked.                                                  will not become effective until the in-
                                                                                                                               stallation commander or designee noti-
                                                                     § 634.10 Remedial driver training pro-                    fies the affected person and offers that
                                                                          grams.                                               person an administrative hearing. Sus-
                                                                        (a) Navy activities will comply with                   pension or revocation will take place 14
                                                                     OPNAVINST 5100.12 Series, and Marine                      calendar days after written notice is
                                                                     Corps activities with current edition of                  received unless the affected person
                                                                     MCO 5100.19C for establishment of re-                     makes an application for a hearing
                                                                     medial training programs.                                 within this period. Such application
                                                                        (b) Installation commanders may es-                    will stay the pending suspension or
                                                                     tablish a remedial driver-training pro-                   revocation for a period of 14 calendar
                                                                     gram to instruct and educate personnel                    days.
                                                                     requiring additional training. Per-                         (1) If, due to action by the govern-
                                                                     sonnel may be referred to a remedial                      ment, a hearing is not held within 14
                                                                     program on the basis of their indi-                       calendar days, the suspension will not
                                                                     vidual driving history or incidents re-                   take place until such time as the per-
                                                                     quiring additional training. The cur-                     son is granted a hearing and is notified
                                                                     riculum should provide instruction to                     of the action of the installation com-
                                                                     improve driving performance and com-                      mander or designee. However, if the af-
                                                                     pliance with traffic laws.                                fected person requests that the hearing
                                                                        (c) Installation commanders may                        be continued to a date beyond the 14-
                                                                     schedule periodic courses, or if not                      day period, the suspension or revoca-
                                                                     practical, arrange for participation in                   tion will become effective immediately
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                                                                     courses conducted by local civil au-                      on receipt of notice that the request
                                                                     thorities.                                                for continuance has been granted, and

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                                                                     Department of the Army, DoD                                                                         § 634.11

                                                                     remain in force pending a hearing at a                    tapes, statements by the apprehended
                                                                     scheduled hearing date.                                   individual, field sobriety or prelimi-
                                                                       (2) If it is determined as a result of a                nary breath tests results, and other
                                                                     hearing to suspend or revoke the af-                      pertinent evidence. Immediate suspen-
                                                                     fected person’s driving privilege, the                    sion should not be based solely on pub-
                                                                     suspension or revocation will become                      lished lists of arrested persons, state-
                                                                     effective when the person receives the                    ments by parties not witnessing the ap-
                                                                     written notification of such action. In                   prehension, or telephone conversations
                                                                     the event that written notification                       or other information not supported by
                                                                     cannot be verified, either through a re-                  documented and reliable evidence.
                                                                     turn receipt for mail or delivery                           (3) Reviews normally will be accom-
                                                                     through command channels, the hear-                       plished within the first normal duty
                                                                     ing authority will determine the effec-                   day following final assembly of evi-
                                                                     tive date on a case-by-case basis.                        dence.
                                                                       (3) If the revocation or suspension is                    (4) Installation commanders may au-
                                                                     imposed after such hearing, the person                    thorize the installation law enforce-
                                                                     whose driving privilege has been sus-                     ment officer to conduct reviews and au-
                                                                     pended or revoked will have the right                     thorize suspensions in cases where the
                                                                     to appeal or request reconsideration.                     designated reviewer is not reasonably
                                                                     Such requests must be forwarded                           available and, in the judgment of the
                                                                     through command channels to the in-                       installation law enforcement officer,
                                                                     stallation commander within 14 cal-                       such immediate action is warranted.
                                                                     endar days from the date the individual                   Air Force Security Forces personnel
                                                                     is notified of the suspension or revoca-                  act in an advisory capacity to installa-
                                                                     tion resulting from the administrative                    tion commanders. Review by the des-
                                                                     hearing. The suspension or revocation                     ignated officer will follow as soon as
                                                                     will remain in effect pending a final                     practical in such cases. When a suspen-
                                                                     ruling on the request. Requests for re-                   sion notice is based on the law enforce-
                                                                     stricted privileges will be considered                    ment officer’s review, there is no re-
                                                                     per § 634.15.                                             quirement for confirmation notice fol-
                                                                       (4) If driving privileges are tempo-                    lowing subsequent review by the des-
                                                                     rarily restored (i.e., for family hard-                   ignated officer.
                                                                     ship) pending resolution of charges, the                    (5) For active duty military per-
                                                                     period of revocation (after final au-                     sonnel, final written notice of suspen-
                                                                     thority determination) will still total                   sion for intoxicated driving will be pro-
                                                                     the mandatory 12 months. The final                        vided to the individual’s chain of com-
                                                                     date of the revocation will be adjusted                   mand for immediate presentation to
                                                                     to account for the period when the vio-                   the individual. Air Force Security
                                                                     lator’s privileges were temporarily re-                   Forces provide a copy of the temporary
                                                                     stored, as this period does not count                     suspension to the individual at the
                                                                     towards the revocation time.                              time of the incident or may provide a
                                                                       (c) For drunk driving or driving                        copy of the final determination at the
                                                                     under the influence offenses, reliable                    time of the incident, as pre-determined
                                                                     evidence readily available will be pre-                   by the final action authority.
                                                                     sented promptly to an individual des-                       (6) For civilian personnel, written no-
                                                                     ignated by the installation commander                     tice of suspension for intoxicated driv-
                                                                     for review and authorization for imme-                    ing will normally be provided without
                                                                     diate suspension of installation driving                  delay via certified mail. Air Force Se-
                                                                     privileges.                                               curity Forces personnel provide a copy
                                                                       (1) The reviewer should be any officer                  of the temporary suspension to the in-
                                                                     to include GS–11 and above, designated                    dividual at the time of the incident or
                                                                     in writing by the installation or garri-                  may provide a copy of the final deter-
                                                                     son commander whose primary duties                        mination at the time of the incident,
                                                                     are not in the field of law enforcement.                  as pre-determined by the final action
                                                                       (2) Reliable evidence includes witness                  authority. If the person is employed on
                                                                     statements, military or civilian police                   the installation, such notice will be
                                                                     report of apprehension, chemical test                     forwarded through the military or ci-
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                                                                     results if completed, refusal to consent                  vilian supervisor. When the notice of
                                                                     to complete chemical testing, video-                      suspension is forwarded through the

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                                                                     § 634.11                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     supervisor, the person whose privileges                      (iii) The person was lawfully re-
                                                                     are suspended will be required to pro-                    quested to submit his or her blood,
                                                                     vide written acknowledgment of re-                        breath, or urine in order to determine
                                                                     ceipt of the suspension notice.                           the content of alcohol or other drugs,
                                                                       (7) Notices of suspension for intoxi-                   and was informed of the implied con-
                                                                     cated driving will include the fol-                       sent policy (consequences of refusal to
                                                                     lowing:                                                   take or complete the test).
                                                                       (i) The fact that the suspension can                       (iv) The person refused to submit to
                                                                     be made a revocation under § 634.9(b).                    the test for alcohol or other drug con-
                                                                       (ii) The right to request, in writing, a                tent of blood, breath, or urine; failed to
                                                                     hearing before the installation com-                      complete the test; submitted to the
                                                                     mander or designee to determine if                        test and the result was .08 or higher
                                                                     post driving privileges will be restored                  blood alcohol content, or between .05
                                                                     pending resolution of the charge; and                     and .08 in violation of the law of the ju-
                                                                     that such request must be made within                     risdiction in which the vehicle is being
                                                                     14 calendar days of the final notice of                   operated if the jurisdiction imposes a
                                                                     suspension.                                               suspension solely on the basis of the
                                                                       (iii) The right of military personnel                   BAC level; or showed results indicating
                                                                     to be represented by counsel at his or                    the presence of other drugs for an on-
                                                                     her own expense and to present evi-                       post apprehension or in violation of
                                                                     dence and witnesses at his or her own                     State laws for an off-post apprehen-
                                                                     expense. Installation commanders will                     sion.
                                                                     determine the availability of any local                      (v) The testing methods were valid
                                                                     active duty representatives requested.                    and reliable and the results accurately
                                                                       (iv) The right of Department of De-                     evaluated.
                                                                     fense civilian employees to have a per-
                                                                                                                                  (10) For revocation actions under
                                                                     sonal representative present at the ad-
                                                                                                                               § 634.9(b) (3) for intoxicated driving, the
                                                                     ministrative hearing in accordance
                                                                                                                               revocation is mandatory on conviction
                                                                     with applicable laws and regulations.
                                                                                                                               or other findings that confirm the
                                                                       (v) Written acknowledgment of re-
                                                                                                                               charge. (Pleas of nolo contendere are
                                                                     ceipt to be signed by the individual
                                                                     whose privileges are to be suspended or                   considered equivalent to guilty pleas).
                                                                     revoked.                                                     (i) Revocations are effective as of the
                                                                       (8) If a hearing is requested, it must                  date of conviction or other findings
                                                                     take place within 14 calendar days of                     that confirm the charges. Test refusal
                                                                     receipt of the request. The suspension                    revocations will be in addition to any
                                                                     for intoxicated driving will remain in                    other revocation incurred during a
                                                                     effect until a decision has been made                     hearing. Hearing authority will deter-
                                                                     by the installation commander or des-                     mine if revocations for multiple of-
                                                                     ignee, but will not exceed 14 calendar                    fenses will run consecutively or con-
                                                                     days after the hearing while awaiting                     currently taking into consideration if
                                                                     the decision. If no decision has been                     offenses occurred on same occasion or
                                                                     made by that time, full driving privi-                    different times, dates. The exception is
                                                                     leges will be restored until such time                    that test refusal will be one year auto-
                                                                     as the accused is notified of a decision                  matic revocation in addition to any
                                                                     to continue the suspension.                               other suspension.
                                                                       (9) Hearing on suspension actions                          (ii) The notice that revocation is
                                                                     under § 634.9(a) for drunk or impaired                    automatic may be placed in the suspen-
                                                                     driving pending resolution of charges                     sion letter. If it does not appear in the
                                                                     will cover only the following pertinent                   suspension letter, a separate letter
                                                                     issues of whether—                                        must be sent and revocation is not ef-
                                                                       (i) The law enforcement official had                    fective until receipt of the written no-
                                                                     reasonable grounds to believe the per-                    tice.
                                                                     son was driving or in actual physical                        (iii) Revocations cancel any full or
                                                                     control of a motor vehicle under the in-                  restricted driving privileges that may
                                                                     fluence of alcohol or other drugs.                        have been restored during suspension
                                                                       (ii) The person was lawfully cited or                   and the resolution of the charges. Re-
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                                                                     apprehended for a driving under the in-                   quests for restoration of full driving
                                                                     fluence offense.                                          privileges are not authorized.

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                                                                     Department of the Army, DoD                                                                         § 634.13

                                                                       (11) The Army Vehicle Registration                      § 634.13 Alcohol and drug abuse pro-
                                                                     System will be utilized to maintain in-                       grams.
                                                                     fractions by individuals on Army in-                        (a) Commanders will refer military
                                                                     stallations.                                              personnel suspected of drug or alcohol
                                                                                                                               abuse for evaluation in the following
                                                                     § 634.12 Army administrative actions
                                                                         against intoxicated drivers.                          circumstances:
                                                                                                                                 (1) Behavior indicative of alcohol or
                                                                       Army commanders will take appro-                        drug abuse.
                                                                     priate action against intoxicated driv-                     (2) Continued inability to drive a
                                                                     ers. These actions may include the fol-                   motor vehicle safely because of alcohol
                                                                     lowing:                                                   or drug abuse.
                                                                       (a) A written reprimand, administra-                      (b) The commander will ensure mili-
                                                                     tive in nature, will be issued to active                  tary personnel are referred to the in-
                                                                     duty Soldiers in the cases described in                   stallation alcohol and drug abuse pro-
                                                                     this paragraph (a). Any general officer,                  gram or other comparable facilities
                                                                     and any officer frocked to the grade of                   when they are convicted of, or receive
                                                                     brigadier general, may issue this rep-                    an official administrative action for,
                                                                     rimand. Filing of the reprimand will be                   any offense involving driving under the
                                                                     in accordance with the provisions of                      influence. A first offender may be re-
                                                                     AR 600–37.                                                ferred to treatment if evidence of sub-
                                                                       (1) Conviction by courts-martial or                     stance abuse exists in addition to the
                                                                     civilian court or imposition of non-                      offense of intoxicated driving. The pro-
                                                                     judicial punishment for an offense of                     visions of this paragraph do not limit
                                                                     drunk or impaired driving either on or                    the commander’s prerogatives con-
                                                                     off the installation.                                     cerning other actions that may be
                                                                       (2) Refusal to take or failure to com-                  taken against an offender under sepa-
                                                                     plete a lawfully requested test to meas-                  rate Service/Agency polices (Army, see
                                                                     ure alcohol or drug content of the                        AR 600–85. Marine Corps, see MCO
                                                                     blood, breath, or urine, either on or off                 P1700.24B).
                                                                     the installation, when there is reason-                     (c) Active duty Army personnel ap-
                                                                     able belief of driving under the influ-                   prehended for drunk driving, on or off
                                                                     ence of alcohol or drugs.                                 the installation, will be referred to the
                                                                       (3) Driving or being in physical con-                   local Army Substance Abuse Program
                                                                     trol of a motor vehicle on post when                      (ASAP) for evaluation within 14 cal-
                                                                     the blood alcohol content is 0.08 per-                    endar days to determine if the person
                                                                     cent or higher, irrespective of other                     is dependent on alcohol or other drugs
                                                                     charges, or off post when the blood al-                   which will result in enrollment in
                                                                     cohol content is in violation of the law                  treatment in accordance with AR 600–
                                                                     of the State involved.                                    85. A copy of all reports on military
                                                                                                                               personnel and DOD civilian employees
                                                                       (4) Driving, or being in physical con-
                                                                                                                               apprehended for intoxicated driving
                                                                     trol of a motor vehicle, either on or off
                                                                                                                               will be forwarded to the installation al-
                                                                     the installation, when lawfully con-
                                                                                                                               cohol and drug abuse facility.
                                                                     ducted chemical tests reflect the pres-
                                                                                                                                 (d) Active duty Navy personnel ap-
                                                                     ence of illegal drugs.
                                                                                                                               prehended for drunk driving on or off
                                                                       (b) Review by the commander of the
                                                                                                                               the installation will be screened by the
                                                                     service records of active duty soldiers
                                                                                                                               respective SARP facility within 14 cal-
                                                                     apprehended for offenses described in                     endar days to determine if the indi-
                                                                     paragraph (a) of this section to deter-                   vidual is dependent on alcohol or other
                                                                     mine if the following action(s) should                    drugs. Active duty Marines appre-
                                                                     be taken—                                                 hended for intoxicated driving, on or
                                                                       (1) Administrative reduction per AR                     off the installation, will be referred to
                                                                     600–8–19, or                                              interview by a Level II substance abuse
                                                                       (2) Bar to reenlistment per AR 601–                     counselor within 14 calendar days for
                                                                     280, or                                                   evaluation and determination of the
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                                                                       (3) Administrative separation per AR                    appropriate level of treatment re-
                                                                     635–200.                                                  quired. Subsequent to this evaluation,

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                                                                     § 634.14                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     the Marine will be assigned to the ap-                    the Air Force Substance Abuse office
                                                                     propriate treatment programs as pre-                      for evaluation in accordance with AFI
                                                                     scribed by MCO P1700.24B.                                 44–121/Alcohol Drug Abuse & Treat-
                                                                       (e) The Services/Agencies may de-                       ment Program, and local policies with-
                                                                     velop preventive treatment and reha-                      in seven days.
                                                                     bilitative programs for civilian em-                        (k) Local installation commanders
                                                                     ployees with alcohol-related problems.                    will determine if active duty Air Force
                                                                       (f) Army supervisors of civilian em-                    personnel involved in any alcohol inci-
                                                                     ployees apprehended for intoxicated                       dent will immediately be subjected to a
                                                                     driving will advise employees of ASAP                     urinalysis for drug content. If consent
                                                                     services available. Civilian employees                    is not given for the test, a command-di-
                                                                     apprehended for intoxicated driving                       rected test will be administered in ac-
                                                                     while on duty will be referred to the                     cordance with local policies.
                                                                     ASAP or comparable facility for eval-
                                                                     uation in accordance with AR 600–85.                      § 634.14 Restoration of driving privi-
                                                                     Army commanders will ensure that                              leges upon acquittal of intoxicated
                                                                     sponsors encourage family members                             driving.
                                                                     apprehended for drunk driving seek                          The suspension of driving privileges
                                                                     ASAP evaluation and assistance.                           for military and civilian personnel
                                                                       (g) Navy and DLA civilian personnel                     shall be restored if a final disposition
                                                                     charged with intoxicated driving will                     indicates a finding of not guilty,
                                                                     be referred to the Civilian Employee                      charges are dismissed or reduced to an
                                                                     Assistance Program in accordance with                     offense not amounting to intoxicated
                                                                     5 CFR Part 792. Such referral does not                    driving, or where an equivalent deter-
                                                                     exempt the employee from appropriate                      mination is made in a nonjudicial pro-
                                                                     administrative or disciplinary actions                    ceeding. The following are exceptions
                                                                     under civilian personnel regulations.                     to the rule in which suspensions will
                                                                       (h) Marine Corps civilian employees                     continue to be enforced.
                                                                     charged with intoxicated driving, on or
                                                                                                                                 (a) The preliminary suspension was
                                                                     off the installation, will be referred to
                                                                                                                               based on refusal to take a BAC test.
                                                                     the Employee Assistance Program as
                                                                     prescribed by MCO P1700.24B. Marine                         (b) The preliminary suspension re-
                                                                     family members charged with intoxi-                       sulted from a valid BAC test, (unless
                                                                     cated driving, on or off the installa-                    disposition of the charges was based on
                                                                     tion, will be provided assistance as ad-                  invalidity of the BAC test). In the case
                                                                     dressed in MCO P1700.24B. Such referral                   of a valid BAC test, the suspension will
                                                                     and assistance does not exempt the in-                    continue, pending completion of a
                                                                     dividual from appropriate administra-                     hearing as specified in § 634.11. In such
                                                                     tive or disciplinary action under cur-                    instances, the individual will be noti-
                                                                     rent civilian personnel regulations or                    fied in writing that the suspension will
                                                                     State laws.                                               continue and of the opportunity to re-
                                                                       (i) For the Army, DLA, and the Ma-                      quest a hearing within 14 calendar
                                                                     rine Corps, installation driving privi-                   days.
                                                                     leges of any person who refuses to sub-                     (1) At the hearing, the arrest report,
                                                                     mit to, or fails to complete, chemical                    the commander’s report of official dis-
                                                                     testing for blood-alcohol content when                    position, information presented by the
                                                                     apprehended for intoxicated driving, or                   individual, and such other information
                                                                     convicted of intoxicated driving, will                    as the hearing officer may deem appro-
                                                                     not be reinstated unless the person suc-                  priate will be considered.
                                                                     cessfully completes either an alcohol                       (2) If the hearing officer determines
                                                                     education or treatment program spon-                      by a preponderance of evidence that
                                                                     sored by the installation, state, coun-                   the individual was engaged in intoxi-
                                                                     ty, or municipality, or other program                     cated driving, the revocation will be
                                                                     evaluated as acceptable by the instal-                    for 1 year from the date of the original
                                                                     lation commander.                                         preliminary suspension.
                                                                       (j) Active duty Air Force personnel                       (c) The person was driving or in phys-
                                                                     apprehended for drunk driving, on or                      ical control of a motor vehicle while
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                                                                     off the installation, will be referred by                 under a preliminary suspension or rev-
                                                                     their respective chain of command to                      ocation.

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                                                                     Department of the Army, DoD                                                                         § 634.16

                                                                       (d) An administrative determination                       (4) When there is no reasonably avail-
                                                                     has been made by the state or host na-                    able alternate means of transportation
                                                                     tion licensing authority to suspend or                    to officially assigned duties. In this in-
                                                                     revoke driving privileges.                                stance, a limited exception can be
                                                                       (e) The individual has failed to com-                   granted for the sole purpose of driving
                                                                     plete a formally directed substance                       directly to and from the place of duty.
                                                                     abuse or driver’s training program.                         (e) The terms and limitations on a re-
                                                                                                                               stricted driving privilege (for example,
                                                                     § 634.15 Restricted driving privileges                    authorization to drive to and from
                                                                          or probation.                                        place of employment or duty, or se-
                                                                        (a) For the Navy, Air Force, Marine                    lected installation facilities such as
                                                                     Corps, and DLA, the installation com-                     hospital, commissary, and or other fa-
                                                                     mander, or his or her designee may                        cilities) will be specified in writing and
                                                                     modify a suspension or revocation of                      provided to the individual concerned.
                                                                     driving privileges in certain cases per                   Persons found in violation of the re-
                                                                     paragraph (d) of this section.                            stricted privilege are subject to revoca-
                                                                        (b) Army requests for restricted driv-                 tion action as prescribed in § 634.9.
                                                                     ing privileges subsequent to suspension                     (f) The conditions and terms of pro-
                                                                     or revocation of installation driving                     bation will be specified in writing and
                                                                     privileges will be referred to the instal-                provided to the individual concerned.
                                                                     lation commander or designee, except                      The original suspension or revocation
                                                                     for intoxicated driving cases, which                      term in its entirety may be activated
                                                                     must be referred to the General Court                     to commence from the date of the vio-
                                                                     Martial Convening Authority. With-                        lation of probation. In addition, sepa-
                                                                     drawal of restricted driving privileges                   rate action may be initiated based on
                                                                     is within the installation commander’s                    the commission of any traffic, crimi-
                                                                     discretion.                                               nal, or military offense that con-
                                                                        (c) Probation or restricted driving                    stitutes a probation violation.
                                                                     privileges will not be granted to any                       (g) DOD employees and contractors,
                                                                     person whose driver license or right to                   who can demonstrate that suspension
                                                                     operate motor vehicles is under suspen-                   or revocation of installation driving
                                                                     sion or revocation by a state, Federal,                   privileges would constructively remove
                                                                     or host nation licensing authority.                       them from employment, may be given
                                                                     Prior to application for probation or                     a limiting suspension/revocation that
                                                                     restricted driving privileges, a state,                   restricts driving on the installation or
                                                                     Federal, or host nation driver’s license                  activity (or in the overseas command)
                                                                     or right to operate motor vehicles                        to the most direct route to and from
                                                                     must be reinstated. The burden of proof                   their respective work sites (5 U.S.C.
                                                                     for reinstatement of driving privileges                   2302(b) (10)). This is not to be construed
                                                                     lies with the person applying for proba-                  as limiting the commander from sus-
                                                                     tion or restricted driving privileges.                    pension or revocation of on-duty driv-
                                                                     Revocations for test refusals shall re-                   ing privileges or seizure of OF 346, even
                                                                     main.                                                     if this action would constructively re-
                                                                        (d) The installation commander or                      move a person from employment in
                                                                     designee may grant restricted driving                     those instances in which the person’s
                                                                     privileges or probation on a case-by-                     duty requires driving from place to
                                                                     case basis provided the person’s state                    place on the installation.
                                                                     or host nation driver’s license or right
                                                                     to operate motor vehicles remains                         § 634.16 Reciprocal state-military ac-
                                                                     valid to accommodate any of the fol-                           tion.
                                                                     lowing reasons:                                              (a) Commanders will recognize the
                                                                        (1) Mission requirements.                              interests of the states in matters of
                                                                        (2) Unusual personal or family hard-                   POV administration and driver licens-
                                                                     ships.                                                    ing. Statutory authority may exist
                                                                        (3) Delays exceeding 90 days, not at-                  within some states or host nations for
                                                                     tributed to the person concerned, in                      reciprocal suspension and revocation of
                                                                     the formal disposition of an apprehen-                    driving privileges. See Subpart D of
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                                                                     sion or charges that are the basis for                    this part for additional information on
                                                                     any type of suspension or revocation.                     exchanging and obtaining information

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                                                                     § 634.17                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     with civilian law enforcement agencies                    ocation, and other international agree-
                                                                     concerning infractions by Armed Serv-                     ments. To the extent an agreement
                                                                     ice personnel off post. Installation                      concerning reciprocity may be per-
                                                                     commanders will honor the reciprocal                      mitted at a particular overseas instal-
                                                                     authority and direct the installation                     lation, the commander must have prior
                                                                     law enforcement officer to pursue reci-                   authorization to negotiate and con-
                                                                     procity with state or host nation li-                     clude such an international agreement
                                                                     censing authorities. Upon receipt of                      in accordance with applicable inter-
                                                                     written or other official law enforce-                    national agreements, DODD 5530.3,
                                                                     ment communication relative to the                        International Agreements, June 87, and
                                                                     suspension/revocation of driving privi-                   other individual Service instructions.
                                                                     leges, the receiving installation will
                                                                     terminate driving privileges as if viola-                 § 634.17 Extensions of suspensions and
                                                                     tions occurred within its own jurisdic-                       revocations.
                                                                     tion.                                                       (a) Driving in violation of a suspen-
                                                                       (b) When imposing a suspension or                       sion or revocation imposed under this
                                                                     revocation for an off-installation of-                    part will result in the original period of
                                                                     fense, the effective date should be the                   suspension or revocation being in-
                                                                     same as civil disposition, or the date                    creased by 2 years. In addition, admin-
                                                                     that state or host-nation driving privi-                  istrative action may be initiated based
                                                                     leges are suspended or revoked. This ef-                  on the commission of any traffic,
                                                                     fective date can be retroactive.                          criminal, or military offenses, for ex-
                                                                       (c) If statutory authority does not                     ample, active duty military personnel
                                                                     exist within the state or host nation                     driving on the installation in violation
                                                                     for formal military reciprocity, the                      of a lawful order.
                                                                     procedures below will be adopted:
                                                                                                                                 (b) For each subsequent determina-
                                                                       (1) Commanders will recognize offi-
                                                                                                                               tion within a 5-year period that revoca-
                                                                     cial documentation of suspensions/rev-
                                                                                                                               tion is authorized under § 634.9, mili-
                                                                     ocations imposed by state or host na-
                                                                                                                               tary personnel, DOD civilians, contrac-
                                                                     tion authorities. Administrative ac-
                                                                                                                               tors and NAF employees will be prohib-
                                                                     tions (suspension/revocations, or if rec-
                                                                                                                               ited from obtaining or using an OF 346
                                                                     ognized, point assessment) for moving
                                                                     traffic violations off the installation                   for 6 months for each such incident. A
                                                                     should not be less than required for                      determination whether DOD civilian
                                                                     similar offenses on the installation.                     personnel should be prohibited from ob-
                                                                     When notified by state or host nation                     taining or using an OF 346 will be made
                                                                     authorities of a suspension or revoca-                    in accordance with the laws and regu-
                                                                     tion, the person’s OF 346 may also be                     lations applicable to civilian personnel.
                                                                     suspended.                                                This does not preclude a commander
                                                                       (2) In CONUS, the host and issuing                      from imposing such prohibition for a
                                                                     state licensing authority will be noti-                   first offense, or for a longer period of
                                                                     fied as soon as practical when a per-                     time for a first or subsequent offense,
                                                                     son’s installation driving privileges are                 or for such other reasons as may be au-
                                                                     suspended or revoked for any period,                      thorized.
                                                                     and immediately for refusal to submit                       (c) Commanders may extend a sus-
                                                                     to a lawful BAC test. The notification                    pension or revocation of driving privi-
                                                                     will be sent to the appropriate state                     leges on personnel until completion of
                                                                     DMV(s) per reciprocal agreements. In                      an approved remedial driver training
                                                                     the absence of electronic communica-                      course or alcohol or drug counseling
                                                                     tion technology, the appropriate state                    programs after proof is provided.
                                                                     DMV(s) will be notified by official cer-                    (d) Commanders may extend a sus-
                                                                     tified mail. The notification will in-                    pension or revocation of driving privi-
                                                                     clude the basis for the suspension/rev-                   leges on civilian personnel convicted of
                                                                     ocation and the BAC level if applicable.                  intoxicated driving on the installation
                                                                       (d) OCONUS installation commanders                      until successful completion of a state
                                                                     must follow provisions of the applica-                    or installation approved alcohol or
                                                                     ble Status of Forces Agreement                            drug rehabilitation program.
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                                                                     (SOFA), the law of the host nation con-                     (e) For Navy personnel for good
                                                                     cerning reciprocal suspension and rev-                    cause, the appropriate authority may

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                                                                     Department of the Army, DoD                                                                         § 634.20

                                                                     withdraw the restricted driving privi-                      (d) Except for reasons of security, all
                                                                     lege and continue the suspension or                       installations and activities of the Serv-
                                                                     revocation period (for example, driver                    ices and DLA within the United States
                                                                     at fault in the traffic accident, or driv-                and its territories with a vehicle reg-
                                                                     er cited for a moving violation.                          istration system will use and honor the
                                                                                                                               DD Form 2220, (Department of Defense
                                                                     § 634.18 Reinstatement               of    driving        Registration Decal). Registration in
                                                                         privileges.                                           overseas commands may be modified in
                                                                       Reinstatement of driving privileges                     accordance with international agree-
                                                                     shall be automatic, provided all rev-                     ments or military necessity.
                                                                     ocations applicable have expired, prop-                     (e) Army Installation commanders
                                                                     er proof of completion of remedial driv-                  will establish local visitor identifica-
                                                                     ing course and/or substance abuse                         tion for individuals who will be on in-
                                                                     counseling has been provided, and rein-                   stallation for less than 30 days. The
                                                                     statement requirements of individual’s                    local policy will provide for use of tem-
                                                                     home state and/or state the individual                    porary passes that establish a start and
                                                                     may have been suspended in, have been                     end date for which the pass is valid.
                                                                     met.                                                      Army installation commanders must
                                                                                                                               refer to AR 190–16 Chapter 2 for guid-
                                                                                                                               ance concerning installation access
                                                                           Subpart C—Motor Vehicle                             control. (Air Force, see AFI 31–204).
                                                                                 Registration                                  Other Armed Services and DLA may
                                                                     § 634.19     Registration policy.                         develop and issue visitor passes locally.
                                                                                                                                 (f) The conditions in § 634.20 must be
                                                                       (a) Motor vehicles will be registered                   met to operate a POV on an Army and
                                                                     according to guidance in this Part and                    DLA Installation. Other Armed Serv-
                                                                     in policies of each Service and DLA. A                    ices that do not require registration
                                                                     person who lives or works on an Army,                     will enforce § 634.20 through traffic en-
                                                                     DLA, Air Force, Navy, or Marine Corps                     forcement actions. Additionally, fail-
                                                                     installation, or Army National Guard                      ure to comply with § 634.20 may result
                                                                     of the U.S. (ARNGUS) facility, or often                   in administrative suspension or revoca-
                                                                     uses the facilities is required to reg-                   tion of driving privileges.
                                                                     ister his or her vehicle. Also, individ-
                                                                     uals who access the installation for                      § 634.20 Privately owned vehicle oper-
                                                                     regular activities such as use of med-                         ation requirements.
                                                                     ical facilities and regular recurring ac-                    Personnel seeking to register their
                                                                     tivities on the installation should reg-                  POVs on military installations within
                                                                     ister their vehicles according to a                       the United States or its territories and
                                                                     standard operating procedure estab-                       in overseas areas will comply with the
                                                                     lished by the installation commander.                     following requirements. (Registration
                                                                     The person need not own the vehicle to                    in overseas commands may be modified
                                                                     register it, but must have a lease                        in accordance with international agree-
                                                                     agreement, power of attorney, or nota-                    ments or military necessity.)
                                                                     rized statement from the owner of the                        (a) Possess a valid state, overseas
                                                                     vehicle specifying the inclusive dates                    command, host nation or international
                                                                     for which permission to use the vehicle                   drivers license (within appropriate
                                                                     has been granted.                                         classification), supported by DD Form
                                                                       (b) Vehicles intended for construc-                     2, or other appropriate identification
                                                                     tion and material handling, or used                       for DOD civilians, contractors and re-
                                                                     solely off the road, are usually not reg-                 tirees. DA Form 1602, Civilian Identi-
                                                                     istered as motor vehicles. Installation                   fication Card, is limited for identifica-
                                                                     commanders may require registration                       tion on Army installations only.
                                                                     of off-road vehicles and bicycles under                      (b) Possess a certificate of state reg-
                                                                     a separate local system.                                  istration as required by the state in
                                                                       (c) Commanders can grant limited                        which the vehicle is registered.
                                                                     temporary registration for up to 30                          (c) Comply with the minimum re-
                                                                     days, pending permanent registration,                     quirements of the automobile insur-
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                                                                     or in other circumstances for longer                      ance laws or regulations of the state or
                                                                     terms.                                                    host nation. In overseas commands

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                                                                     § 634.21                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     where host nation laws do not require                     to affix the DD Form 2220 to the front
                                                                     minimum personal injury and property                      windshield or bumper of registered ve-
                                                                     damage liability insurance, the major                     hicles is waived for General Officers
                                                                     overseas commander will set reason-                       and Flag Officers of all Armed Serv-
                                                                     able liability insurance requirements                     ices, Armed Service Secretaries, Polit-
                                                                     for registration and/or operation of                      ical Appointees, Members of Congress,
                                                                     POVs within the confines of military                      and the Diplomatic Corps.
                                                                     installations and areas where the com-                      (1) Each Service and DLA will pro-
                                                                     mander exercises jurisdiction. Prior to                   cure its own forms and installation and
                                                                     implementation, insurance require-                        expiration tabs. For the Army, the
                                                                     ments in host states or nations should                    basic decal will be ordered through
                                                                     be formally coordinated with the ap-                      publications channels and remain on
                                                                     propriate host agency.                                    the vehicle until the registered owner
                                                                       (d) Satisfactorily complete a safety                    disposes of the vehicle, separates from
                                                                     and mechanical vehicle inspection by                      active duty or other conditions speci-
                                                                     the state or jurisdiction in which the                    fied in paragraph (a)(2) of this section.
                                                                     vehicle is licensed. If neither state nor                 Air Force, DLA, and Army retirees
                                                                     local jurisdiction requires a periodic                    may retain DD Form 2220. Army retir-
                                                                     safety inspection, installation com-                      ees are required to follow the same reg-
                                                                     manders may require and conduct an                        istration and VRS procedures as active
                                                                     annual POV safety inspection; how-                        duty personnel. Upon termination of
                                                                     ever, inspection facilities must be rea-                  affiliation with the service, the reg-
                                                                     sonably accessible to those requiring
                                                                                                                               istered owner or authorized operator is
                                                                     use. Inspections will meet minimum
                                                                                                                               responsible for removing the DD Form
                                                                     standards established by the National
                                                                                                                               2220 from the vehicle and surrender of
                                                                     Highway Traffic Safety Administration
                                                                                                                               the decal to the issuing office. Army
                                                                     (NHTSA) in 49 CFR 570.1 through 570.10.
                                                                                                                               installation commanders are respon-
                                                                     Lights, turn signals, brake lights, horn,
                                                                                                                               sible for the costs of procuring decals
                                                                     wipers, and pollution control devices
                                                                                                                               with the name of their installation and
                                                                     and standards in areas where applica-
                                                                                                                               related expiration tabs. Air Force in-
                                                                     ble, should be included in the inspec-
                                                                                                                               stallations will use the installation tag
                                                                     tion. Vehicles modified from factory
                                                                     standards and determined unsafe may                       (4″ by 1⁄2″) to identify the Air Force In-
                                                                     be denied access and registration.                        stallation where the vehicle is reg-
                                                                       (e) Possess current proof of compli-                    istered. Air Force personnel may retain
                                                                     ance with local vehicle emission in-                      the DD Form 2220 upon reassignment,
                                                                     spection if required by the state, and                    retirement, or separation provided the
                                                                     maintenance requirements.                                 individual is still eligible for continued
                                                                       (f) Vehicles with elevated front or                     registration, the registration is up-
                                                                     rear ends that have been modified in a                    dated in SFMIS, and the installation
                                                                     mechanically unsafe manner are unsafe                     tab is changed accordingly. Position
                                                                     and will be denied registration. 49 CFR                   the decal directly under the DD Form
                                                                     570.8 states that springs shall not be ex-                2220.
                                                                     tended above the vehicle manufactur-                        (2) For other Armed Services and
                                                                     er’s design height.                                       DLA, DD Form 2220 and installation
                                                                                                                               and expiration tabs will be removed
                                                                     § 634.21 Department of Defense Form                       from POV’s by the owner prior to de-
                                                                          2220.                                                parture from their current installation,
                                                                        (a) Use. DD Form 2220 will be used to                  retirement, or separation from mili-
                                                                     identify registered POVs on Army,                         tary or government affiliation, termi-
                                                                     Navy, Air Force, Marine Corps, and                        nation of ownership, registration, li-
                                                                     DLA installations or facilities. The                      ability insurance, or other conditions
                                                                     form is produced in single copy for con-                  further identified by local policy.
                                                                     spicuous placement on the front of the                      (b) Specifications. (1) DD Form 2220
                                                                     vehicle only (windshield or bumper). If                   and installation and expiration tabs
                                                                     allowed by state laws, the decal is                       will consist of international blue bor-
                                                                     placed in the center by the rear view                     ders and printing on a white back-
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                                                                     mirror or the lower portion of the driv-                  ground. Printer information will in-
                                                                     er’s side windshield. The requirement                     clude the following:

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                                                                     Department of the Army, DoD                                                                         § 634.23

                                                                       (i) Form title (Department of Defense                      (b) The owner sells or disposes of the
                                                                     Registered Vehicle).                                      POV, is released from active duty, sep-
                                                                       (ii) Alphanumeric individual form                       arated from the Service, or terminates
                                                                     identification number.                                    civilian employment with a military
                                                                       (iii) DOD seal.                                         Service or DOD agency. Army and Air
                                                                       (2) Name of the installation will be                    Force personnel on a permanent
                                                                     specified on a separate tab abutting the                  change of station will retain the DD
                                                                     decal. Each Service or DLA may choose                     Form 2220 if the vehicle is moved to
                                                                     optional color codes for the registrant.                  their new duty station.
                                                                     Army and installations having vehicle                        (c) The owner is other than an active
                                                                     registration programs will use the fol-                   duty military or civilian employee and
                                                                     lowing standard color scheme for the                      discontinues regular operations of the
                                                                     installation tab:                                         POV on the installation.
                                                                       (i) Blue-officers.                                         (d) The owner’s state, overseas com-
                                                                       (ii) Red-enlisted.                                      mand, or host nation driver’s license is
                                                                       (iii) Green DA civilian employees (in-                  suspended or revoked, or the installa-
                                                                     cluding NAF employees).                                   tion driving privilege is revoked. Air
                                                                       (iv) Black-contractor personnel and                     Force does not require removal of the
                                                                     other civilians employed on the instal-                   DD Form 2220 when driving privileges
                                                                     lation. White will be used for contract                   are suspended for an individual. When
                                                                     personnel on Air Force installations.                     vehicle registration is terminated in
                                                                       (3) An expiration tab identifying the                   conjunction with the revocation of in-
                                                                     month and year (6–2004), the year (2000)                  stallation driving privileges, the af-
                                                                     or simply ‘‘00’’ will be abutted to right
                                                                                                                               fected person must apply to re-register
                                                                     of the decal. For identification pur-
                                                                                                                               the POV after the revocation expires.
                                                                     poses, the date of expiration will be
                                                                     shown in bold block numbers on a                          Registration should not be terminated
                                                                     lighter contrasting background such as                    if other family members having instal-
                                                                     traffic yellow, lime, or orange.                          lation driving privileges require use of
                                                                       (4) DD Form 2220 and any adjoining                      the vehicle.
                                                                     tabs will be theft resistant when ap-
                                                                                                                               § 634.23 Specified consent to impound-
                                                                     plied to glass, metal, painted, or rub-                       ment.
                                                                     berized surfaces and manufactured so
                                                                     as to obliterate or self destruct when                      Personnel registering POVs on DOD
                                                                     removal is attempted. Local policy                        installations must consent to the im-
                                                                     guided by state or host nation laws will                  poundment policy. POV registration
                                                                     specify the exact placement of DD                         forms will contain or have appended to
                                                                     Form 2220.                                                them a certificate with the following
                                                                       (5) For Navy and Marine Corps mili-                     statement: ‘‘I am aware that (insert
                                                                     tary personnel the grade insignia will                    number and title of separate Service or
                                                                     be affixed on placards, approximately 5                   DLA directive) and the installation
                                                                     inches by 8 inches in size, and placed                    traffic code provide for the removal
                                                                     on the driver’s side dashboard. Plac-                     and temporary impoundment of pri-
                                                                     ards should be removed from view when                     vately owned motor vehicles that are
                                                                     the vehicle is not located on a military                  either parked illegally, or for unrea-
                                                                     installation.                                             sonable periods, interfering with mili-
                                                                                                                               tary operations, creating a safety haz-
                                                                     § 634.22 Termination or denial of reg-
                                                                         istration.                                            ard, disabled by accident, left unat-
                                                                                                                               tended in a restricted or control area,
                                                                       Installation commanders or their                        or abandoned. I agree to reimburse the
                                                                     designated representatives will termi-                    United States for the cost of towing
                                                                     nate POV registration or deny initial                     and storage should my motor vehi-
                                                                     registration under the following condi-
                                                                                                                               cle(s), because of such circumstances,
                                                                     tions (decal and tabs will be removed
                                                                                                                               be removed and impounded.’’
                                                                     from the vehicle when registration is
                                                                     terminated):
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                                                                       (a) The owner fails to comply with
                                                                     the registration requirements.

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                                                                     § 634.24                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                        Subpart D—Traffic Supervision                          Transportation Engineering Agency
                                                                                                                               (SDDCTEA) will help installation com-
                                                                     § 634.24 Traffic planning and codes.                      manders solve complex highway traffic
                                                                        (a) Safe and efficient movement of                     engineering problems. SDDCTEA traf-
                                                                     traffic on an installation requires traf-                 fic engineering services include—
                                                                     fic supervision. A traffic supervision                      (1) Traffic studies of limited areas
                                                                     program includes traffic circulation                      and situations.
                                                                     planning and control of motor vehicle                       (2) Complete studies of traffic oper-
                                                                     traffic; publication and enforcement of                   ations of entire installations. (This can
                                                                     traffic laws and regulations; and inves-                  include long-range planning for future
                                                                     tigation of motor vehicle accidents.                      development of installation roads, pub-
                                                                        (b) Installation commanders will de-                   lic highways, and related facilities.)
                                                                     velop traffic circulation plans that pro-                   (3) Assistance in complying with es-
                                                                     vide for the safest and most efficient                    tablished traffic engineering standards.
                                                                     use of primary and secondary roads.                         (e) Installation commanders should
                                                                     Circulation planning should be a major                    submit requests for traffic engineering
                                                                     part of all long-range master planning                    services in accordance with applicable
                                                                     at installations. The traffic circulation                 service or agency directives.
                                                                     plan is developed by the installation
                                                                                                                               § 634.25 Installation traffic codes.
                                                                     law enforcement officer, engineer, safe-
                                                                     ty officer, and other concerned staff                        (a) Installation or activity com-
                                                                     agencies. Highway engineering rep-                        manders will establish a traffic code
                                                                     resentatives from adjacent civil com-                     for operation of motor vehicles on the
                                                                     munities must be consulted to ensure                      installation. Commanders in overseas
                                                                     the installation plan is compatible                       areas will establish a traffic code,
                                                                     with the current and future circulation                   under provisions of this Part, to the ex-
                                                                     plan of the community. The plan                           tent military authority is empowered
                                                                     should include the following:                             to regulate traffic on the installation
                                                                        (1) Normal and peak load routing                       under the applicable SOFA. Traffic
                                                                     based on traffic control studies.                         codes will contain the rules of the road
                                                                        (2) Effective control of traffic using                 (parking violations, towing instruc-
                                                                     planned direction, including measures                     tions, safety equipment, and other key
                                                                     for special events and adverse road or                    provisions). These codes will, where
                                                                     weather conditions.                                       possible, conform to the code of the
                                                                        (3) Point control at congested loca-                   State or host nation in which the in-
                                                                     tions by law enforcement personnel or                     stallation is located. In addition, the
                                                                     designated traffic directors or wardens,                  development and publication of instal-
                                                                     including       trained    school-crossing                lation traffic codes will be based on the
                                                                     guards.                                                   following:
                                                                        (4) Use of traffic control signs and de-                  (1) Highway Safety Program Stand-
                                                                     vices.                                                    ards (23 U.S.C. 402).
                                                                        (5) Efficient use of available parking                    (2) Applicable portions of the Uni-
                                                                     facilities.                                               form Vehicle Code and Model Traffic
                                                                        (6) Efficient use of mass transpor-                    Ordinance published by the National
                                                                     tation.                                                   Committee on Uniform Traffic Laws
                                                                        (c) Traffic control studies will pro-                  and Ordinances.
                                                                     vide factual data on existing roads,                         (b) The installation traffic code will
                                                                     traffic density and flow patterns, and                    contain policy and procedures for the
                                                                     points of congestion. The installation                    towing, searching, impounding, and
                                                                     law enforcement officer and traffic en-                   inventorying of POVs. These provisions
                                                                     gineer usually conduct coordinated                        should be well publicized and contain
                                                                     traffic control studies to obtain the                     the following:
                                                                     data. Accurate data will help deter-                         (1) Specific violations and conditions
                                                                     mine major and minor routes, location                     under which the POV will be im-
                                                                     of traffic control devices, and condi-                    pounded and towed.
                                                                     tions requiring engineering or enforce-                      (2) Procedures to immediately notify
                                                                     ment services.                                            the vehicle owner.
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                                                                        (d) The (Military) Surface Deploy-                        (3) Procedures for towing and storing
                                                                     ment      and    Distribution    Command                  impounded vehicles.

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                                                                     Department of the Army, DoD                                                                         § 634.25

                                                                       (4) Actions to dispose of the vehicle                   alarms, announcements, the approach
                                                                     after lawful impoundment.                                 of vehicles, and human speech. DoD
                                                                       (5) Violators are responsible for all                   Component safety guidance should
                                                                     costs of towing, storage and impound-                     note the potential for driver distrac-
                                                                     ing of vehicles for other than evi-                       tions such as eating and drinking, op-
                                                                     dentiary reasons.                                         erating radios, CD players, global posi-
                                                                       (c) Installation traffic codes will also                tioning equipment, etc. Whenever pos-
                                                                     contain the provisions discussed as fol-                  sible this should only be done when the
                                                                     lows: (Army users, see AR 385–55).                        vehicle is safely parked.
                                                                       (1) Motorcycles and mopeds. For mo-                       (d) Only administrative actions (rep-
                                                                     torcycles and other self-propelled,
                                                                                                                               rimand, assessment of points, loss of
                                                                     open, two-wheel, three-wheel, and four-
                                                                                                                               on-post driving privileges, or other ac-
                                                                     wheel vehicles powered by a motor-
                                                                     cycle-type engine, the following traffic                  tions) will be initiated against service
                                                                     rules apply:                                              members for off-post violations of the
                                                                       (i) Headlights will be on at all times                  installation traffic code.
                                                                     when in operation.                                          (e) In States where traffic law viola-
                                                                       (ii) A rear view mirror will be at-                     tions are State criminal offenses, such
                                                                     tached to each side of the handlebars.                    laws are made applicable under the
                                                                       (iii) Approved protective helmets,                      provisions of 18 U.S.C. 13 to military
                                                                     eye protection, hard-soled shoes, long                    installations having concurrent or ex-
                                                                     trousers and brightly colored or reflec-                  clusive Federal jurisdiction.
                                                                     tive outer upper garment will be worn                       (f) In those States where violations of
                                                                     by operators and passengers when in                       traffic law are not considered criminal
                                                                     operation.                                                offenses and cannot be assimilated
                                                                       (2) Restraint systems. (i) Restraint sys-               under 18 U.S.C., DODD 5525.4, enclosure
                                                                     tems (seat belts) will be worn by all op-                 1 expressly adopts the vehicular and
                                                                     erators and passengers of U.S. Govern-                    pedestrian traffic laws of such States
                                                                     ment vehicles on or off the installa-                     and makes these laws applicable to
                                                                     tion.                                                     military installations having concur-
                                                                       (ii) Restraint systems will be worn by                  rent or exclusive Federal jurisdiction.
                                                                     all civilian personnel (family members,
                                                                                                                               It also delegates authority to installa-
                                                                     guests, and visitors) driving or riding
                                                                                                                               tion commanders to establish addi-
                                                                     in a POV on the installation.
                                                                                                                               tional vehicular and pedestrian traffic
                                                                       (iii) Restraint systems will be worn
                                                                     by all military service members and                       rules and regulations for their installa-
                                                                     Reserve Component members on active                       tions. Persons found guilty of violating
                                                                     Federal service driving or riding in a                    the vehicular and pedestrian traffic
                                                                     POV whether on or off the installation.                   laws made applicable on the installa-
                                                                       (iv) Infant/child restraint devices (car                tion under provisions of that directive
                                                                     seats) will be required in POVs for chil-                 are subject to a fine as determined by
                                                                     dren 4 years old or under and not ex-                     the local magistrate or imprisonment
                                                                     ceeding 45 pounds in weight.                              for not more than 30 days, or both, for
                                                                       (v) Restraint systems are required                      each violation. In those States where
                                                                     only in vehicles manufactured after                       traffic laws cannot be assimilated, an
                                                                     model year 1966.                                          extract copy of this paragraph (f) and a
                                                                       (3) Driver distractions. Vehicle opera-                 copy of the delegation memorandum in
                                                                     tors on a DoD Installation and opera-                     DODD 5525.4, enclosure 1, will be posted
                                                                     tors of Government owned vehicles                         in a prominent place accessible to per-
                                                                     shall not use cell phones unless the ve-                  sons assigned, living, or working on the
                                                                     hicle is safely parked or unless they                     installation.
                                                                     are using a hands-free device. The                          (g) In those States where violations
                                                                     wearing of any other portable head-                       of traffic laws cannot be assimilated
                                                                     phones, earphones, or other listening                     because the Federal Government’s ju-
                                                                     devices (except for hand-free cellular
                                                                                                                               risdictional authority on the installa-
                                                                     phones) while operating a motor vehi-
                                                                                                                               tion or parts of the installation is only
                                                                     cle is prohibited. Use of those devices
                                                                                                                               proprietary, neither 18 U.S.C. 13 nor
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                                                                     impairs driving and masks or prevents
                                                                     recognition of emergency signals,                         the delegation memorandum in DoDD

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                                                                     § 634.26                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     5525.4, enclosure 1, will permit enforce-                   (2) Training law enforcement per-
                                                                     ment of the State’s traffic laws in Fed-                  sonnel in special enforcement tech-
                                                                     eral courts. Law enforcement authori-                     niques.
                                                                     ties on those military installations                        (3) Enforcing blood-alcohol con-
                                                                     must rely on either administrative                        centration standards. (See § 634.34).
                                                                     sanctions related to the installation                       (4) Denying installation driving privi-
                                                                     driving privilege or enforcement of                       leges to persons whose use of alcohol or
                                                                     traffic laws by State law enforcement                     other drugs prevents safe operation of
                                                                     authorities.                                              a motor vehicle.
                                                                                                                                 (d) Installation officials will formally
                                                                     § 634.26 Traffic law enforcement prin-
                                                                          ciples.                                              evaluate traffic enforcement on a reg-
                                                                                                                               ular basis. That evaluation will exam-
                                                                        (a) Traffic law enforcement should                     ine procedures to determine if the fol-
                                                                     motivate drivers to operate vehicles                      lowing elements of the program are ef-
                                                                     safely within traffic laws and regula-                    fective in reducing traffic accidents
                                                                     tions and maintain an effective and ef-                   and deaths:
                                                                     ficient flow of traffic. Effective en-                      (1) Selective enforcement measures;
                                                                     forcement should emphasize voluntary                        (2) Suspension and revocation ac-
                                                                     compliance by drivers and can be                          tions; and
                                                                     achieved by the following actions:
                                                                                                                                 (3) Chemical breath-testing pro-
                                                                        (1) Publishing a realistic traffic code
                                                                                                                               grams.
                                                                     well known by all personnel.
                                                                        (2) Adopting standard signs, mark-                     § 634.27    Speed-measuring devices.
                                                                     ings, and signals in accordance with
                                                                     NHSPS and the Manual on Uniform                             Speed-measuring devices will be used
                                                                     Traffic Control Devices for Streets and                   in traffic control studies and enforce-
                                                                     Highways.                                                 ment programs. Signs may be posted to
                                                                        (3) Ensuring enforcement personnel                     indicate speed-measuring devices are
                                                                     establish courteous, personal contact                     being used.
                                                                     with drivers and act promptly when                          (a) Equipment purchases. Installations
                                                                     driving behavior is improper or a defec-                  will ensure operators attend an appro-
                                                                     tive vehicle is observed in operation.                    priate training program for the equip-
                                                                        (4) Maintaining an aggressive pro-                     ment in use.
                                                                     gram to detect and apprehend persons                        (b) Training and certification stand-
                                                                     who drive while privileges are sus-                       ards. (1) The commander of each instal-
                                                                     pended or revoked.                                        lation using traffic radar will ensure
                                                                        (5) Using sound discretion and judg-                   that personnel selected as operators of
                                                                     ment in deciding when to apprehend,                       such devices meet training and certifi-
                                                                     issue citations, or warn the offender.                    cation requirements prescribed by the
                                                                        (b) Selective enforcement will be                      State (or SOFA) in which the installa-
                                                                     used when practical. Selective enforce-                   tion is located. Specific information on
                                                                     ment deters traffic violations and re-                    course dates, costs, and prerequisites
                                                                     duces accidents by the presence or sug-                   for attending may be obtained by con-
                                                                     gested presence of law enforcement                        tacting the State agency responsible
                                                                     personnel at places where violations,                     for police traffic radar training.
                                                                     congestion, or accidents frequently                         (2) Installation commanders located
                                                                     occur. Selective enforcement applies                      in States or overseas areas where no
                                                                     proper enforcement measures to traffic                    formal training program exists, or
                                                                     congestion and focuses on selected                        where the military personnel are un-
                                                                     time periods, conditions, and violations                  able or ineligible to participate in po-
                                                                     that cause accidents. Law enforcement                     lice traffic radar training programs,
                                                                     personnel use selective enforcement be-                   may implement their own training pro-
                                                                     cause that practice is the most effec-                    gram or use a selected civilian institu-
                                                                     tive use of resources.                                    tion or manufacturer’s course.
                                                                        (c) Enforcement activities against in-                   (3) The objective of the civilian or
                                                                     toxicated driving will include—                           manufacturer-sponsored course is to
                                                                        (1) Detecting, apprehending, and test-                 improve the effectiveness of speed en-
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                                                                     ing persons suspected of driving under                    forcement through the proper and effi-
                                                                     the influence of alcohol or drugs.                        cient use of speed-measurement radar.

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                                                                     Department of the Army, DoD                                                                         § 634.29

                                                                     On successful completion, the course                      § 634.29 Traffic accident investigation
                                                                     graduate must be able to—                                     reports.
                                                                       (i) Describe the association between                       (a) Accidents requiring immediate re-
                                                                     excessive speed and accidents, deaths,                    ports. The driver or owner of any vehi-
                                                                     and injuries, and describe the traffic                    cle involved in an accident, as de-
                                                                     safety benefits of effective speed con-                   scribed in § 634.28, on the installation,
                                                                     trol.                                                     must immediately notify the installa-
                                                                       (ii) Describe the basic principles of                   tion law enforcement office. The oper-
                                                                     radar speed measurement.                                  ator of any Government vehicle in-
                                                                       (iii) Identify and describe the Serv-                   volved in a similar accident off the in-
                                                                     ice’s policy and procedures affecting                     stallation must immediately notify the
                                                                     radar speed measurement and speed en-                     local civilian law enforcement agency
                                                                     forcement.                                                having jurisdiction, as well as law en-
                                                                       (iv) Identify the specific radar instru-                forcement personnel of the nearest
                                                                     ment used and describe the instru-                        military installation.
                                                                     ment’s major components and func-                            (b) Investigation records. Installation
                                                                     tions.                                                    law enforcement officials will record
                                                                       (v) Demonstrate basic skills in                         traffic accident investigations on Serv-
                                                                     checking calibration and operating the                    ice/DLA forms. Information will be re-
                                                                     specific radar instrument(s).                             leased according to Service/DLA pol-
                                                                       (vi) Demonstrate basic skills in pre-                   icy, the Privacy Act, and the Freedom
                                                                     paring and presenting records and                         of Information Act.
                                                                     courtroom testimony relating to radar                        (c) Army law enforcement officers.
                                                                     speed measurement and enforcement.                        These officers provide the local Safety
                                                                       (c) Recertification. Recertification of                 Office copies of traffic accident inves-
                                                                     operators will occur every 3 years, or                    tigation reports pertaining to acci-
                                                                     as prescribed by State law.                               dents investigated by military police
                                                                                                                               that resulted in a fatality, personal in-
                                                                     § 634.28     Traffic accident investigation.              jury, or estimated damage to Govern-
                                                                                                                               ment vehicles or property in excess of
                                                                       Installation law enforcement per-                       $1,000.
                                                                     sonnel must make detailed investiga-
                                                                                                                                  (d) POV accidents not addressed in
                                                                     tions of accidents described in this sec-
                                                                                                                               § 634.28. Guidance for reporting these
                                                                     tion:                                                     cases is provided as follows:
                                                                       (a) Accidents involving Government                         (1) Drivers or owners of POVs will be
                                                                     vehicles or Government property on                        required to submit a written report to
                                                                     the installation involving a fatality,                    the installation law enforcement office
                                                                     personal injury, or estimated property                    within 24 hours of an accident in the
                                                                     damage in the amount established by                       following cases, with all information
                                                                     separate Service/DLA policy. (Min-                        listed in paragraph (d)(3) of this sec-
                                                                     imum damage limits are: Army, $1,000;                     tion:
                                                                     Air Force, as specified by the installa-                     (i) The accident occurs on the instal-
                                                                     tion commander; Navy and Marine                           lation.
                                                                     Corps, $500.) The installation motor                         (ii) The accident involves no personal
                                                                     pool will provide current estimates of                    injury.
                                                                     the cost of repairs. Investigations of                       (iii) The accident involves only
                                                                     off-installation accidents involving                      minor damage to the POV and the ve-
                                                                     Government vehicles will be made in                       hicle can be safely and normally driven
                                                                     cooperation with the civilian law en-                     from the scene under its own power.
                                                                     forcement agency.                                            (2) Information in the written report
                                                                       (b) POV accidents on the installation                   cannot be used in criminal proceedings
                                                                     involving a fatality, personal injury, or                 against the person submitting it unless
                                                                     when a POV is inoperable as a result of                   it was originally categorized a hit and
                                                                     an accident.                                              run and the violator is the person sub-
                                                                       (c) Any accident prescribed within a                    mitting the report. Rights advisement
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                                                                     SOFA agreement.                                           will be given prior to any criminal traf-
                                                                                                                               fic statements provided by violators.

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                                                                     § 634.30                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     Within the United States, the installa-                   and to conduct traffic engineering
                                                                     tion law enforcement official may re-                     studies.
                                                                     quire such reporting on Service forms                       (e) Army traffic accident investiga-
                                                                     or forms of the State jurisdiction.                       tion reports will be provided to Army
                                                                       (3) Reports required in paragraph (d)                   Centralized Accident Investigation of
                                                                     (1) of this section by the Army will in-                  Ground Accidents (CAIG) boards on re-
                                                                     clude the following about the accident:                   quest. The CAIG boards are under the
                                                                       (i) Location, date, and time.                           control of the Commander, U.S. Army
                                                                       (ii) Identification of all drivers, pe-                 Safety Center, Fort Rucker, AL 36362–
                                                                     destrians, and passengers involved.                       5363. These boards investigate Class A,
                                                                       (iii) Identification of vehicles in-                    on-duty, non-POV accidents and other
                                                                     volved.                                                   selected accidents Army-wide (See AR
                                                                       (iv) Speed and direction of travel of                   385–40). Local commanders provide ad-
                                                                     each vehicle involved, including a                        ditional board members as required to
                                                                     sketch of the collision and roadway                       complete a timely and accurate inves-
                                                                     with street names and north arrow.                        tigation. Normally, additional board
                                                                       (v) Property damage involved.                           members are senior equipment opera-
                                                                       (vi) Environmental conditions at the                    tors, maintenance officer, and medical
                                                                     time of the incident (weather, visi-                      officers. However, specific qualifica-
                                                                     bility, road surface condition, and                       tions of the additional board members
                                                                     other factors).                                           may be dictated by the nature of the
                                                                       (vii) A narrative description of the                    accident.
                                                                     events and circumstances concerning                         (f) The CAIG program is not intended
                                                                     the accident.                                             to interfere with, impede, or delay law
                                                                     § 634.30 Use of traffic accident inves-                   enforcement agencies in the execution
                                                                          tigation report data.                                of regulatory responsibilities that
                                                                                                                               apply to the investigation of accidents
                                                                        (a) Data derived from traffic accident                 for a determination of criminal intent
                                                                     investigation reports and from vehicle                    or criminal acts. Criminal investiga-
                                                                     owner accident reports will be analyzed                   tions have priority.
                                                                     to determine probable causes of acci-
                                                                                                                                 (g) Army law enforcement agencies
                                                                     dents. When frequent accidents occur
                                                                                                                               will maintain close liaison and co-
                                                                     at a location, the conditions at the lo-
                                                                                                                               operation with CAIG boards. Such co-
                                                                     cation and the types of accidents (colli-
                                                                                                                               operation, particularly with respect to
                                                                     sion diagram) will be examined.
                                                                                                                               interviews of victims and witnesses and
                                                                        (b) Law enforcement personnel and
                                                                                                                               in collection and preservation of phys-
                                                                     others who prepare traffic accident in-
                                                                                                                               ical evidence, should support both the
                                                                     vestigation     reports    will  indicate
                                                                                                                               CAIG and law enforcement collateral
                                                                     whether or not seat restraint devices
                                                                                                                               investigations.
                                                                     were being used at the time of the acci-
                                                                     dent.                                                     § 634.31    Parking.
                                                                        (c) When accidents warrant, an in-
                                                                     stallation commander may establish a                        (a) The most efficient use of existing
                                                                     traffic accident review board. The                        on- and off-street parking space should
                                                                     board will consist of law enforcement,                    be stressed on a nonreserved (first-
                                                                     engineer, safety, medical, and legal                      come, first-served) basis.
                                                                     personnel. The board will determine                         (b) Reserved parking facilities should
                                                                     principal factors leading to the acci-                    be designated as parking by permit or
                                                                     dent and recommend measures to re-                        numerically by category of eligible
                                                                     duce the number and severity of acci-                     parkers. Designation of parking spaces
                                                                     dents on and off the installation. (The                   by name, grade, rank, or title should be
                                                                     Air Force will use Traffic Safety Co-                     avoided.
                                                                     ordinating Groups. The Navy will use                        (c) Illegal parking contributes to
                                                                     Traffic      Safety      Councils     per                 congestion and slows traffic flow on an
                                                                     OPNAVINST 5100.12 Series).                                installation. Strong enforcement of
                                                                        (d) Data will be shared with the in-                   parking restrictions results in better
                                                                     stallation legal, engineer, safety, and                   use of available parking facilities and
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                                                                     transportation officers. The data will                    eliminates conditions causing traffic
                                                                     be used to inform and educate drivers                     accidents.

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                                                                     Department of the Army, DoD                                                                         § 634.32

                                                                       (d) The ‘‘Denver boot’’ device is au-                     (4) A U.S. Magistrate is available but
                                                                     thorized for use as a technique to assist                 the accused refuses to consent to the
                                                                     in the enforcement of parking viola-                      jurisdiction of the court and the U.S.
                                                                     tions where immobilization of the POV                     Attorney refuses to process the case
                                                                     is necessary for safety. Under no cir-                    before a U.S. District Court. For the
                                                                     cumstances should the device be used                      Navy, DUI and driving under the influ-
                                                                     to punish or ‘‘teach a lesson’’ to viola-                 ence of drugs cases will be referred to
                                                                     tors. Booting should not be used if                       the Federal Magistrate.
                                                                     other reasonably effective but less re-                     (b) Installation commanders will es-
                                                                     strictive means of enforcement (such                      tablish administrative procedures for
                                                                     as warnings, ticketing, reprimands,                       processing traffic violations.
                                                                     revocations, or suspensions of on-post                      (1) All traffic violators on military
                                                                     driving privileges) are available. Proce-                 installations will be issued either a DD
                                                                     dures for booting must be developed as                    Form 1408 (Armed Forces Traffic Tick-
                                                                     follows:                                                  et) or a DD Form 1805 (United States
                                                                       (1) Local standing operating proce-                     District Court Violation Notice), as ap-
                                                                     dures (SOPs) must be developed to con-                    propriate. Unless specified otherwise
                                                                     trol the discretion of enforcers and                      by separate Service/DLA policy, only
                                                                     limit booting to specific offenses. SOPs                  on-duty law enforcement personnel (in-
                                                                     should focus on specific reasons for                      cluding game wardens) designated by
                                                                     booting, such as immobilization of un-                    the installation law enforcement offi-
                                                                     safe, uninspected, or unregistered vehi-                  cer may issue these forms. Air Force
                                                                     cles or compelling the presence of re-                    individuals certified under the Parking
                                                                     peat offenders. All parking violations                    Traffic Warden Program may issue DD
                                                                     must be clearly outlined in the instal-                   Form 1408 in areas under their control.
                                                                     lation traffic code.                                        (2) A copy of all reports on military
                                                                       (2) Drivers should be placed on notice                  personnel and DOD civilian employees
                                                                     that particular violations or multiple                    apprehended for intoxicated driving
                                                                     violations may result in booting. Also,                   will be forwarded to the installation al-
                                                                     drivers must be provided with a prompt                    cohol and drug abuse facility.
                                                                     hearing and an opportunity to obtain                        (c) Installation commanders will es-
                                                                     the release of their property.                            tablish procedures used for disposing of
                                                                       (3) To limit liability, drivers must be                 traffic violation cases through admin-
                                                                     warned when a boot is attached to                         istrative or judicial action consistent
                                                                     their vehicle and instructed how to                       with the Uniform Code of Military Jus-
                                                                     have the boot removed without dam-                        tice (UCMJ) and Federal law.
                                                                     aging the vehicle.                                          (d) DD Form 1805 will be used to refer
                                                                                                                               violations of State traffic laws made
                                                                     § 634.32     Traffic violation reports.                   applicable to the installation (Assimi-
                                                                       (a) Most traffic violations occurring                   lative Crimes Act (18 U.S.C. 13) and the
                                                                     on DOD installations (within the                          delegation memorandum in DoDD
                                                                     UNITED STATES or its territories)                         5525.4, enclosure 1, and other violations
                                                                     should be referred to the proper U.S.                     of Federal law) to the U.S. Magistrate.
                                                                     Magistrate. (Army, see AR 190–29; DLA,                    (Army users, see AR 190–29.)
                                                                     see DLAI 5720.4; and Air Force, see AFI                     (1) A copy of DD Form 1805 and any
                                                                     51–905). However, violations are not re-                  traffic violation reports on military
                                                                     ferred when—                                              personnel and DOD civilian employees
                                                                       (1) The operator is driving a Govern-                   will be forwarded to the commander or
                                                                     ment vehicle at the time of the viola-                    supervisor of the violator. DA form 3975
                                                                     tion.                                                     may be used to forward the report.
                                                                       (2) A Federal Magistrate is either not                    (2) Detailed instructions for properly
                                                                     available or lacks jurisdiction to hear                   completing DD Form 1805 are con-
                                                                     the matter because the violation oc-                      tained in separate Service policy direc-
                                                                     curred in an area where the Federal                       tives.
                                                                     Government has only proprietary legis-                      (3) The assimilation of State traffic
                                                                     lative jurisdiction.                                      laws as Federal offenses should be iden-
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                                                                       (3) Mission requirements make refer-                    tified by a specific State code reference
                                                                     ral of offenders impractical.                             in the CODE SECTION block of the DD

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                                                                     § 634.33                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     Form 1805 (or in a complaint filed with                   or mentally ill and requires prompt
                                                                     the U.S. Magistrate).                                     medical attention.
                                                                       (4) The Statement of Probable Cause                       (5) Understand the operation of
                                                                     on the DD Form 1805 will be used ac-                      breath-testing devices.
                                                                     cording to local staff judge advocate                       (b) Each installation using breath-
                                                                     and U.S. Magistrate court policy. The                     testing devices will ensure that opera-
                                                                     Statement of Probable Cause is re-                        tors of these devices—
                                                                     quired by the Federal misdemeanor                           (1) Are chosen for integrity, matu-
                                                                     rules to support the issuance of a sum-                   rity, and sound judgment.
                                                                     mons or arrest warrant.                                     (2) Meet certification requirements of
                                                                       (5) For cases referred to U.S. Mag-                     the State where the installation is lo-
                                                                     istrates, normal distribution of DD                       cated.
                                                                     Form 1805 will be as follows:                               (c) Installations located in States or
                                                                       (i) The installation law enforcement                    overseas areas having a formal breath-
                                                                     official will forward copy 1 (white) and                  testing and certification program
                                                                     copy 2 (yellow) to the U.S. District                      should ensure operators attend that
                                                                     Court (Central Violation Bureau).                         training.
                                                                       (ii) The installation law enforcement
                                                                                                                                 (d) Installations located in States or
                                                                     office will file copy 3 (pink).
                                                                                                                               overseas areas with no formal training
                                                                       (iii) Law enforcement personnel will
                                                                                                                               program will train personnel at courses
                                                                     provide copy 4 (envelope) to the viola-
                                                                                                                               offered by selected civilian institutions
                                                                     tor.
                                                                                                                               or manufacturers of the equipment.
                                                                       (e) When DD Form 1408 is used, one
                                                                                                                                 (e) Operators must maintain pro-
                                                                     copy (including written warnings) will
                                                                                                                               ficiency through refresher training
                                                                     be forwarded through command chan-
                                                                                                                               every 18 months or as required by the
                                                                     nels to the service member’s com-
                                                                                                                               State.
                                                                     mander, to the commander of the mili-
                                                                     tary family member’s sponsor, or to                       § 634.34 Blood       alcohol     concentration
                                                                     the civilian’s supervisor or employer as                      standards.
                                                                     the installation commander may estab-
                                                                     lish.                                                       (a) Administrative revocation of
                                                                       (1) Previous traffic violations com-                    driving privileges and other enforce-
                                                                     mitted by the offender and points as-                     ment measures will be applied uni-
                                                                     sessed may be shown.                                      formly to offenders driving under the
                                                                       (2) For violations that require a re-                   influence of alcohol or drugs. When a
                                                                     port of action taken, the DD Form 1408                    person is tested under the implied con-
                                                                     will be returned to the office of record                  sent provisions of § 634.8, the results of
                                                                     through the reviewing authority as the                    the test will be evaluated as follows:
                                                                     installation commander may establish.                       (1) If the percentage of alcohol in the
                                                                       (3) When the report is received by the                  person’s blood is less than 0.05 percent,
                                                                     office of record, that office will enter                  presume the person is not under the in-
                                                                     the action on the violator’s driving                      fluence of alcohol.
                                                                     record.                                                     (2) If the percentage is 0.05 but less
                                                                                                                               than 0.08, presume the person may be
                                                                     § 634.33 Training of law enforcement                      impaired. This standard may be consid-
                                                                          personnel.                                           ered with other competent evidence in
                                                                        (a) As a minimum, installation law                     determining whether the person was
                                                                     enforcement personnel will be trained                     under the influence of alcohol.
                                                                     to do the following:                                        (3) If the percentage is 0.08 or more,
                                                                        (1) Recognize signs of alcohol and                     or if tests reflect the presence of illegal
                                                                     other drug impairment in persons oper-                    drugs, the person was driving while in-
                                                                     ating motor vehicles.                                     toxicated.
                                                                        (2) Prepare DD Form 1920 (Alcohol In-                    (b) Percentages in paragraph (a) of
                                                                     fluence Report).                                          this section are percent of weight by
                                                                        (3) Perform the three field tests of                   volume of alcohol in the blood based on
                                                                     the improved sobriety testing tech-                       grams of alcohol per 100 milliliters of
                                                                     niques (§ 634.36 (b)).                                    blood. These presumptions will be con-
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                                                                        (4) Determine when a person appears                    sidered with other evidence in deter-
                                                                     intoxicated but is actually physically                    mining intoxication.

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                                                                     Department of the Army, DoD                                                                         § 634.36

                                                                     § 634.35 Chemical testing policies and                      (iii) Comply with operational proce-
                                                                           procedures.                                         dures in the manufacturer’s current in-
                                                                        (a) Validity of chemical testing. Results              struction manual.
                                                                     of chemical testing are valid under this                    (iv) Perform preventive maintenance
                                                                     part only under the following cir-                        as required by the instruction manual.
                                                                     cumstances:                                                 (c) Chemical tests of personnel involved
                                                                        (1) Blood, urine, or other bodily sub-                 in fatal accidents. (1) Installation med-
                                                                     stances are tested using generally ac-                    ical authorities will immediately no-
                                                                     cepted scientific and medical methods                     tify the installation law enforcement
                                                                     and standards.                                            officer of—
                                                                        (2) Breath tests are administered by                     (i) The death of any person involved
                                                                     qualified personnel (§ 634.33).                           in a motor vehicle accident.
                                                                        (3) An evidential breath-testing de-                     (ii) The circumstances surrounding
                                                                     vice approved by the State or host na-                    such an accident, based on information
                                                                     tion is used. For Army, Air Force, and                    available at the time of admission or
                                                                     Marine Corps, the device must also be                     receipt of the body of the victim.
                                                                     listed on the NHTSA conforming prod-                        (2) Medical authorities will examine
                                                                     ucts list published in the ‘‘Conforming                   the bodies of those persons killed in a
                                                                     Products List for instruments that                        motor vehicle accident to include driv-
                                                                     conform to the Model Specification for                    ers, passengers, and pedestrians subject
                                                                     Evidential Breath Testing Devices (58                     to military jurisdiction. They will also
                                                                     FR 48705), and amendments.’’                              examine the bodies of dependents, who
                                                                        (4) Procedures established by the                      are 16 years of age or older, if the spon-
                                                                     State or host nation or as prescribed in                  sors give their consent. Tests for the
                                                                     paragraph (b) of this section are fol-                    presence and concentration of alcohol
                                                                     lowed.                                                    or other drugs in the person’s blood,
                                                                        (b) Breath-testing device operational                  bodily fluids, or tissues will be made as
                                                                     procedures. If the State or host nation                   soon as possible and where practical
                                                                     has not established procedures for use                    within 8 hours of death. The test re-
                                                                     of breath-testing devices, the following                  sults will be included in the medical re-
                                                                     procedures will apply:                                    ports.
                                                                        (1) Screening breath-testing devices                     (3) As provided by law and medical
                                                                     will be used—                                             conditions permitting, a blood or
                                                                        (i) During the initial traffic stop as a               breath sample will be obtained from
                                                                     field sobriety testing technique, along                   any surviving operator whose vehicle is
                                                                     with other field sobriety testing tech-                   involved in a fatal accident.
                                                                     niques, to determine if further testing
                                                                     is needed on an evidential breath-test-                   § 634.36 Detection, apprehension, and
                                                                     ing device.                                                    testing of intoxicated drivers.
                                                                        (ii) According to manufacture oper-                       (a) Law enforcement personnel usu-
                                                                     ating instructions. (For Army, Air                        ally detect drivers under the influence
                                                                     Force and Marine Corps, the screening                     of alcohol or other drugs by observing
                                                                     breath-testing device must also be list-                  unusual or abnormal driving behavior.
                                                                     ed on the NHTSA conforming products                       Drivers showing such behavior will be
                                                                     list published in the ‘‘Model Specifica-                  stopped immediately. The cause of the
                                                                     tions for Evidential Breath Testers’’                     unusual driving behavior will be deter-
                                                                     (September 17, 1993, 58 FR 48705).                        mined, and proper enforcement action
                                                                        (2) Evidential breath-testing devices                  will be taken.
                                                                     will be used as follows:                                     (b) When a law enforcement officer
                                                                        (i) Observe the person to be tested for                reasonably concludes that the indi-
                                                                     at least 15 minutes before collecting                     vidual driving or in control of the vehi-
                                                                     the breath specimen. During this time,                    cle is impaired, field sobriety tests
                                                                     the person must not drink alcoholic                       should be conducted on the individual.
                                                                     beverages or other fluids, eat, smoke,                    The DD Form 1920 may be used by law
                                                                     chew tobacco, or ingest any substance.                    enforcement agencies in examining, in-
                                                                        (ii) Verify calibration and proper op-                 terpreting, and recording results of
                                                                     eration of the instrument by using a                      such tests. Law enforcement personnel
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                                                                     control sample immediately before the                     should use a standard field sobriety
                                                                     test.                                                     test (such as one-leg stand or walk and

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                                                                     § 634.37                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     turn) horizontal gaze nystagmus tests                       (3) May be given breath or urine
                                                                     as sanctioned by the National Highway                     tests, or both.
                                                                     Traffic and Safety Administration, and                      (e) If a person suspected of intoxi-
                                                                     screening breath-testing devices to                       cated driving refuses to submit to a
                                                                     conduct field sobriety tests.                             chemical test, a test will not be admin-
                                                                                                                               istered except as specified in § 634.38.
                                                                     § 634.37 Voluntary breath and bodily
                                                                         fluid testing based on implied con-                   § 634.38 Involuntary extraction of bod-
                                                                         sent.                                                      ily fluids in traffic cases.
                                                                        (a) Implied consent policy is ex-                         (a) General. The procedures outlined
                                                                     plained in § 634.8.                                       in this section pertain only to the in-
                                                                        (b) Tests may be administered only if                  vestigation of individuals stopped, ap-
                                                                     the following conditions are met:                         prehended, or cited on a military in-
                                                                        (1) The person was lawfully stopped                    stallation for any offense related to
                                                                     while driving, operating, or in actual                    driving a motor vehicle and for whom
                                                                     physical control of a motor vehicle on                    probable cause exists to believe that
                                                                     the installation.                                         such individual is intoxicated. Extrac-
                                                                                                                               tions of body fluids in furtherance of
                                                                        (2) Reasonable suspicion exists to be-
                                                                                                                               other kinds of investigations are gov-
                                                                     lieve that the person was driving under
                                                                                                                               erned by the Manual for Courts-Mar-
                                                                     the influence of alcohol or drugs.
                                                                                                                               tial, United States, Military Rule of
                                                                        (3) A request was made to the person                   Evidence 315 (2002) (MRE 315), and regu-
                                                                     to consent to the tests combined with                     latory rules concerning requesting and
                                                                     a warning that failure to voluntarily                     granting authorizations for searches.
                                                                     submit to or complete a chemical test                        (1) Air Force policy on nonconsensual
                                                                     of bodily fluids or breath will result in                 extraction of blood samples is ad-
                                                                     the revocation of driving privileges.                     dressed in AFI 44–102.
                                                                        (c) As stated in paragraphs (a) and (b)                   (2) Army and Marine Corps personnel
                                                                     of this section, the law enforcement of-                  should not undertake the nonconsen-
                                                                     ficial relying on implied consent will                    sual extraction of body fluids for rea-
                                                                     warn the person that driving privileges                   sons other than a valid medical pur-
                                                                     will be revoked if the person fails to                    pose without first obtaining the advice
                                                                     voluntarily submit to or complete a re-                   and concurrence of the installation
                                                                     quested chemical test. The person does                    staff judge advocate or his or her des-
                                                                     not have the right to have an attorney                    ignee.
                                                                     present before stating whether he or                         (3) DLA policy on nonconsensual tak-
                                                                     she will submit to a test, or during the                  ing of blood samples is contained in
                                                                     actual test. Installation commanders                      DLAR 5700.7.
                                                                     will prescribe the type or types of                          (b) Rule. Involuntary bodily fluid ex-
                                                                     chemical tests to be used. Testing will                   traction must be based on valid search
                                                                     follow policies and procedures in                         and seizure authorization. An indi-
                                                                     § 634.35. The results of chemical tests                   vidual subject to the UCMJ who does
                                                                     conducted under the implied consent                       not consent to chemical testing, as de-
                                                                     provisions of this part may be used as                    scribed in § 634.37, may nonetheless be
                                                                     evidence in courts-martial, nonjudicial                   subjected to an involuntary extraction
                                                                     proceedings under Article 15 of the                       of bodily fluids, including blood and
                                                                     UCMJ, administrative actions, and ci-                     urine, only in accordance with the fol-
                                                                     vilian courts.                                            lowing procedures:
                                                                        (d) Special rules exist for persons                       (1) An individual subject to the
                                                                     who have hemophilia, other blood-clot-                    UCMJ who was driving a motor vehicle
                                                                     ting disorders, or any medical or sur-                    and suspected of being under the influ-
                                                                     gical disorder being treated with an                      ence of an intoxicant may be subjected
                                                                     anticoagulant. These persons—                             to a nonconsensual bodily fluid extrac-
                                                                        (1) May refuse a blood extraction test                 tion to test for the presence of intoxi-
                                                                     without penalty.                                          cants only when there is a probable
                                                                        (2) Will not be administered a blood                   cause to believe that such an indi-
                                                                     extraction test to determine alcohol or                   vidual was driving or in control of a ve-
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                                                                     other drug concentration or presence                      hicle while under the influence of an
                                                                     under this part.                                          intoxicant.

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                                                                     Department of the Army, DoD                                                                         § 634.39

                                                                       (i) A search authorization by an ap-                    blood will be accomplished by qualified
                                                                     propriate commander or military mag-                      medical personnel. (See MRE 312(g)).
                                                                     istrate obtained pursuant to MRE 315,                       (1) In performing this duty, medical
                                                                     is required prior to such nonconsensual                   personnel are expected to use only that
                                                                     extraction.                                               amount of force that is reasonable and
                                                                       (ii) A search authorization is not re-                  necessary to administer the extraction.
                                                                     quired under such circumstances when                        (2) Any force necessary to overcome
                                                                     there is a clear indication that evi-                     an individual’s resistance to the ex-
                                                                     dence of intoxication will be found and                   traction normally will be provided by
                                                                     there is reason to believe that the                       law enforcement personnel or by per-
                                                                     delay necessary to obtain a search au-                    sonnel acting under orders from the
                                                                     thorization would result in the loss or                   member’s unit commander.
                                                                     destruction of the evidence sought.                         (3) Life endangering force will not be
                                                                       (iii) Because warrantless searches are                  used in an attempt to effect nonconsen-
                                                                     subject to close scrutiny by the courts,                  sual extractions.
                                                                     obtaining an authorization is highly                        (4) All law enforcement and medical
                                                                     preferable. Warrantless searches gen-                     personnel will keep in mind the possi-
                                                                     erally should be conducted only after                     bility that the individual may require
                                                                     coordination with the servicing staff                     medical attention for possible disease
                                                                     judge advocate or legal officer, and at-                  or injury.
                                                                     tempts to obtain authorization from an                      (d) Nonconsensual extractions of
                                                                     appropriate official prove unsuccessful                   blood will be done in a manner that
                                                                     due to the unavailability of a com-                       will not interfere with or delay proper
                                                                     mander or military magistrate.                            medical attention. Medical personnel
                                                                                                                               will determine the priority to be given
                                                                       (2) If authorization from the military
                                                                                                                               involuntary blood extractions when
                                                                     magistrate or commander proves un-
                                                                                                                               other medical treatment is required.
                                                                     successful due to the unavailability of
                                                                                                                                 (e) Use of Army medical treatment
                                                                     such officials, the commander of a
                                                                                                                               facilities and personnel for blood alco-
                                                                     medical facility is empowered by MRE
                                                                                                                               hol testing has no relevance to whether
                                                                     315, to authorize such extraction from
                                                                                                                               or not the suspect is eligible for mili-
                                                                     an individual located in the facility at                  tary medical treatment. The medical
                                                                     the time the authorization is sought.                     effort in such instances is in support of
                                                                       (i) Before authorizing the involun-                     a valid military mission (law enforce-
                                                                     tary extraction, the commander of the                     ment), not related to providing medical
                                                                     medical     facility   should,   if  cir-                 treatment to an individual.
                                                                     cumstances permit, coordinate with
                                                                     the servicing staff judge advocate or                     § 634.39 Testing at the request of the
                                                                     legal officer.                                                 apprehended person.
                                                                       (ii) The medical facility commander                        (a) A person subject to tests under
                                                                     authorizing the extraction under MRE                      § 634.8 may request that an additional
                                                                     315 need not be on duty as the attend-                    test be done privately. The person may
                                                                     ing physician at the facility where the                   choose a doctor, qualified technician,
                                                                     extraction is to be performed and the                     chemist, registered nurse, or other
                                                                     actual extraction may be accomplished                     qualified person to do the test. The per-
                                                                     by other qualified medical personnel.                     son must pay the cost of the test. The
                                                                       (iii) The authorizing official may                      test must be a chemical test approved
                                                                     consider his or her own observations of                   by the State or host nation in an over-
                                                                     the individual in determining probable                    seas command. All tests will be com-
                                                                     cause.                                                    pleted as soon as possible, with any
                                                                       (c) Role of medical personnel. Author-                  delay being noted on the results.
                                                                     ization for the nonconsensual extrac-                        (b) If the person requests this test,
                                                                     tion of blood samples for evidentiary                     the suspect is responsible for making
                                                                     purposes by qualified medical per-                        all arrangements. If the suspect fails to
                                                                     sonnel is independent of, and not lim-                    or cannot obtain any additional test,
                                                                     ited by, provisions defining medical                      the results of the tests that were done
                                                                     care, such as the provision for non-                      at the direction of a law enforcement
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                                                                     consensual medical care pursuant to                       official are not invalid and may still be
                                                                     AR 600–20, section IV. Extraction of                      used to support actions under separate

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                                                                     § 634.40                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     Service regulations, UCMJ, and the                        OPNAVINST 4600.11D/AFJI 24–216/MCO
                                                                     U.S. Magistrate Court.                                    4643.5C).
                                                                                                                                 (c) Installation commanders will
                                                                     § 634.40 General off installation traffic                 maintain liaison with civil enforce-
                                                                         activities.
                                                                                                                               ment agencies and encourage the fol-
                                                                       In areas not under military control,                    lowing:
                                                                     civil authorities enforce traffic laws.                     (1) Release of a Government vehicle
                                                                     Law enforcement authorities will es-                      operator to military authorities unless
                                                                     tablish a system to exchange informa-                     one of the following conditions exists.
                                                                     tion with civil authorities. Army and                       (i) The offense warrants detention.
                                                                     Air Force installation law enforcement                      (ii) The person’s condition is such
                                                                     authorities will establish a system to                    that further operation of a motor vehi-
                                                                     exchange information with civil au-                       cle could result in injury to the person
                                                                     thorities to enhance the chain of com-
                                                                                                                               or others.
                                                                     mand’s visibility of a soldier’s and air-
                                                                                                                                 (2) Prompt notice to military au-
                                                                     man’s off post traffic violations. These
                                                                     agreements will provide for the assess-                   thorities when military personnel or
                                                                     ment of traffic points based on reports                   drivers of Government motor vehicles
                                                                     from state licensing authorities involv-                  have—
                                                                     ing Army military personnel. The pro-                       (i) Committed serious violations of
                                                                     visions of Subpart E of this part and                     civil traffic laws.
                                                                     the VRS automated system provide for                        (ii) Been involved in traffic acci-
                                                                     the collection of off post traffic inci-                  dents.
                                                                     dent reports and data. As provided in                       (3) Prompt notice of actions by a
                                                                     AR 190–45, civilian law enforcement                       State or host nation to suspend, re-
                                                                     agencies are considered routine users                     voke, or restrict the State or host na-
                                                                     of Army law enforcement data and will                     tion driver’s license (vehicle operation
                                                                     be granted access to data when avail-                     privilege) of persons who—
                                                                     able from Army law enforcement sys-                         (i) Operate Government motor vehi-
                                                                     tems of records. Off-installation traffic                 cles.
                                                                     activities in overseas areas are gov-                       (ii) Regularly operate a POV on the
                                                                     erned by formal agreements with the                       installation. (See also § 634.16).
                                                                     host nation government. Procedures
                                                                     should be established to process reports                  § 634.42 Civil-military cooperative pro-
                                                                     received from civil authorities on seri-                      grams.
                                                                     ous traffic violations, accidents, and
                                                                                                                                 (a) State-Armed Forces Traffic Work-
                                                                     intoxicated driving incidents involving
                                                                                                                               shop Program. This program is an orga-
                                                                     persons subject to this part. The ex-
                                                                                                                               nized effort to coordinate military and
                                                                     change of information is limited to
                                                                     Army and Air Force military per-                          civil traffic safety activities through-
                                                                     sonnel. Provost marshals will not col-                    out a State or area. Installation com-
                                                                     lect and use data concerning civilian                     manders will cooperate with State and
                                                                     employees, family members, and con-                       local officials in this program and pro-
                                                                     tract personnel except as allowed by                      vide proper support and participation.
                                                                     state and Federal laws.                                     (b)   Community-Installation     Traffic
                                                                                                                               Workshop Program. Installation com-
                                                                     § 634.41     Compliance with State laws.                  manders should establish a local work-
                                                                       (a) Installation commanders will in-                    shop program to coordinate the instal-
                                                                     form service members, contractors and                     lation traffic efforts with those of local
                                                                     DOD civilian employees to comply                          communities. Sound and practical traf-
                                                                     with State and local traffic laws when                    fic planning depends on a balanced pro-
                                                                     operating government motor vehicles.                      gram of traffic enforcement, engineer-
                                                                       (b) Commanders will coordinate with                     ing, and education. Civilian and mili-
                                                                     the proper civil law enforcement agen-                    tary legal and law enforcement offi-
                                                                     cy before moving Government vehicles                      cers, traffic engineers, safety officials,
                                                                     that exceed legal limits or regulations                   and public affairs officers should take
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                                                                     or that may subject highway users to                      part.
                                                                     unusual hazards. (See AR 55–162/

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                                                                     Department of the Army, DoD                                                                         § 634.45

                                                                       Subpart E—Driving Records and                             Assessment 4: Suspension for a period of 6
                                                                                                                               months or less or revocation for a period not
                                                                           the Traffic Point System                            to exceed 1 year is discretionary.
                                                                                                                                 Violation: A. Mental or physical impair-
                                                                     § 634.43     Driving records.                             ment (not including alcohol or other drug
                                                                       Each Service and DLA will use its                       use) to the degree rendered incompetent to
                                                                     own form to record vehicle traffic acci-                  drive.
                                                                                                                                 B. Commission of an offense in another
                                                                     dents, moving violations, suspension or                   State which, if committed on the installa-
                                                                     revocation actions, and traffic point                     tion, would be grounds for suspension or rev-
                                                                     assessments involving military and                        ocation.
                                                                     DOD civilian personnel, their family                        C. Permitting an unlawful or fraudulent
                                                                     members, and other personnel oper-                        use of an official driver’s license.
                                                                     ating motor vehicles on a military in-                      D. Conviction of fleeing, or attempting to
                                                                     stallation. Army installations will use                   elude, a police officer.
                                                                                                                                 E. Conviction of racing on the highway.
                                                                     DA Form 3626 (Vehicle Registration/                         Assessment 5: Loss of OF 46 for minimum of
                                                                     Driver Record) for this purpose. Table                    6 months is discretionary.
                                                                     5–1of Part 634 prescribes mandatory                         Violation: Receiving a second 1-year sus-
                                                                     minimum or maximum suspension or                          pension or revocation of driving privileges
                                                                     revocation periods. Traffic points are                    within 5 years.
                                                                     not assessed for suspension or revoca-                                         NOTES
                                                                     tion actions.
                                                                                                                                 1. When imposing a suspension or revoca-
                                                                     TABLE 5–1 OF PART 634 SUSPENSION/REVOCA-                  tion because of an off-installation offense,
                                                                      TION OF DRIVING PRIVILEGES (SEE NOTES 1                  the effective date should be the same as the
                                                                      AND 2)                                                   date of civil conviction, or the date that
                                                                                                                               State or host-nation driving privileges are
                                                                       Assessment 1: Two-year revocation is man-
                                                                                                                               suspended or revoked. This effective date can
                                                                     datory on determination of facts by installa-
                                                                                                                               be retroactive.
                                                                     tion commander. (For Army, 5-year revoca-
                                                                                                                                 2. No points are assessed for revocation or
                                                                     tion is mandatory.)
                                                                                                                               suspension actions. Except for implied con-
                                                                       Violation: Driving while driver’s license or            sent violations, revocations must be based
                                                                     installation driving privileges are under sus-            on a conviction by a civilian court or courts-
                                                                     pension or revocation.                                    martial, nonjudicial punishment under Arti-
                                                                       Assessment 2: One-year revocation is man-               cle 15, UCMJ, or a separate hearing as ad-
                                                                     datory on determination of facts by installa-             dressed in this part. If revocation for implied
                                                                     tion commander.                                           consent is combined with another revoca-
                                                                       Violation: Refusal to submit to or failure              tion, such as 1 year for intoxicated driving,
                                                                     to complete chemical tests (implied con-                  revocations may run consecutively (total of
                                                                     sent).                                                    24 months) or concurrently (total of 12
                                                                       Assessment 3: One-year revocation is man-               months). The installation commander’s pol-
                                                                     datory on conviction.                                     icy should be applied systematically and not
                                                                       Violation: A. Manslaughter (or negligent                on a case-by-case basis.
                                                                     homicide by vehicle) resulting from the oper-
                                                                     ation of a motor vehicle.                                 § 634.44 The traffic point system.
                                                                       B. Driving or being in actual physical con-
                                                                     trol of a motor vehicle while under the influ-               The traffic point system provides a
                                                                     ence of intoxicating liquor (0.08% or greater             uniform administrative device to im-
                                                                     on DOD installations; violation of civil law              partially judge driving performance of
                                                                     off post).                                                Service and DLA personnel. This sys-
                                                                       C. Driving a motor vehicle while under the              tem is not a disciplinary measure or a
                                                                     influence of any narcotic, or while under the             substitute for punitive action. Further,
                                                                     influence of any other drug (including alco-
                                                                     hol) to the degree rendered incapable of safe
                                                                                                                               this system is not intended to interfere
                                                                     vehicle operation.                                        in any way with the reasonable exer-
                                                                       D. Use of a motor vehicle in the commis-                cise of an installation commander’s
                                                                     sion of a felony. Fleeing the scene of an acci-           prerogative to issue, suspend, revoke,
                                                                     dent involving death or personal injury (hit              deny, or reinstate installation driving
                                                                     and run).                                                 privileges.
                                                                       E. Perjury or making a false statement or
                                                                     affidavit under oath to responsible officials             § 634.45 Point system application.
                                                                     relating to the ownership or operation of
                                                                     motor vehicles.                                              (a) The Services and DLA are re-
                                                                       F. Unauthorized use of a motor vehicle be-              quired to use the point system and pro-
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                                                                     longing to another, when the act does not                 cedures prescribed in this section with-
                                                                     amount to a felony.                                       out change.

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                                                                     § 634.46                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                        (b) The point system in table 5–2 of                   N. Violation: Following too close.
                                                                     this part applies to all operators of                       Points assessed: 4
                                                                     U.S. Government motor vehicles, on or                     O. Violation: Failure to yield right of way to
                                                                                                                                   emergency vehicle.
                                                                     off Federal property. The system also                       Points assessed: 4
                                                                     applies to violators reported to instal-                  P. Violation: Failure to stop for school bus
                                                                     lation officials in accordance with                           or school-crossing signals.
                                                                     § 634.32.                                                   Points assessed: 4
                                                                        (c) Points will be assessed when the                   Q. Violation: Failure to obey traffic signals
                                                                     person is found to have committed a                           or traffic instructions of an enforcement
                                                                     violation and the finding is by either                        officer or traffic warden; or any official
                                                                                                                                   regulatory traffic sign or device requir-
                                                                     the unit commander, civilian super-                           ing a full stop or yield of right of way;
                                                                     visor, a military or civilian court (in-                      denying entry; or requiring direction of
                                                                     cluding a U.S. Magistrate), or by pay-                        traffic.
                                                                     ment of fine, forfeiture of pay or allow-                   Points assessed: 4
                                                                     ances, or posted bond, or collateral.                     R. Violation: Improper passing.
                                                                                                                                 Points assessed: 4
                                                                     TABLE 5–2 OF PART 634 POINT ASSESSMENT                    S. Violation: Failure to yield (no official
                                                                      FOR MOVING TRAFFIC VIOLATIONS (SEE NOTE                      sign involved).
                                                                      1)                                                         Points assessed: 4
                                                                     A. Violation: Reckless driving (willful and               T. Violation: Improper turning movements
                                                                         wanton disregard for the safety of per-                   (no official sign involved).
                                                                                                                                 Points assessed: 3
                                                                         sons or property).
                                                                                                                               U. Violation: Wearing of headphones/ear-
                                                                       Points assessed: 6
                                                                     B. Violation: Owner knowingly and willfully                   phones while driving motor vehicles (two
                                                                                                                                   or more wheels).
                                                                         permitting a physically impaired person
                                                                                                                                 Points assessed: 3
                                                                         to operate the owner’s motor vehicle.
                                                                                                                               V. Violation: Failure to wear an approved
                                                                       Points assessed: 6
                                                                                                                                   helmet and/or reflectorized vest while op-
                                                                     C. Violation: Fleeing the scene (hit and run)-
                                                                                                                                   erating or riding on a motorcycle,
                                                                         property damage only.
                                                                                                                                   MOPED, or a three or four-wheel vehicle
                                                                       Points assessed: 6
                                                                                                                                   powered by a motorcycle-like engine.
                                                                     D. Violation: Driving vehicle while impaired
                                                                                                                                 Points assessed: 3
                                                                         (blood-alcohol content more than 0.05
                                                                                                                               W. Violation: Improper overtaking.
                                                                         percent and less than 0.08 percent).
                                                                                                                                 Points assessed: 3
                                                                       Points assessed: 6
                                                                                                                               X. Violation: Other moving violations (in-
                                                                     E. Violation: Speed contests.
                                                                                                                                   volving driver behavior only).
                                                                       Points assessed: 6
                                                                                                                                 Points assessed: 3
                                                                     F. Violation: Speed too fast for conditions.
                                                                                                                               Y. Violation: Operating an unsafe vehicle.
                                                                       Points assessed: 2
                                                                                                                                   (See Note 2).
                                                                     G. Violation: Speed too slow for traffic con-
                                                                                                                                 Points assessed: 2
                                                                         ditions, and/or impeding the flow of traf-
                                                                                                                               Z. Violation: Driver involved in accident is
                                                                         fic, causing potential safety hazard.
                                                                                                                                   deemed responsible (only added to points
                                                                       Points assessed: 2
                                                                                                                                   assessed for specific offenses).
                                                                     H. Violation: Failure of operator or occu-
                                                                                                                                 Points assessed: 1
                                                                         pants to use available restraint system
                                                                         devices while moving (operator assessed                                    NOTES
                                                                         points).
                                                                       Points assessed: 2                                        1. When two or more violations are com-
                                                                     I. Violation: Failure to properly restrain                mitted on a single occasion, points may be
                                                                         children in a child restraint system while            assessed for each individual violation.
                                                                         moving (when child is 4 years of age or                 2. This measure should be used for other
                                                                         younger or the weight of child does not               than minor vehicle safety defects or when a
                                                                         exceed 45 pounds).                                    driver or registrant fails to correct a minor
                                                                       Points assessed: 2                                      defect (for example, a burned out headlight
                                                                     J. Violation: One to 10 miles per hour over               not replaced within the grace period on a
                                                                         posted speed limit.                                   warning ticket).
                                                                       Points assessed: 3
                                                                     K. Violation: Over 10 but not more than 15                § 634.46 Point system procedures.
                                                                         miles per hour above posted speed limit.                 (a) Reports of moving traffic viola-
                                                                       Points assessed: 4                                      tions recorded on DD Form 1408 or DD
                                                                     L. Violation: Over 15 but not more than 20                Form 1805 will serve as a basis for de-
                                                                         miles per hour above posted speed limit.
                                                                       Points assessed: 5                                      termining point assessment. For DD
                                                                     M. Violation: Over 20 miles per hour above                Form 1408, return endorsements will be
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                                                                         posted speed limit.                                   required from commanders or super-
                                                                       Points assessed: 6                                      visors.

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                                                                     Department of the Army, DoD                                                                         § 634.47

                                                                        (b) On receipt of DD Form 1408 or                        (e) An individual’s driving privileges
                                                                     other military law enforcement report                     may be suspended or revoked as pro-
                                                                     of a moving violation, the unit com-                      vided by this part regardless of wheth-
                                                                     mander, designated supervisor, or per-                    er these improvement measures are ac-
                                                                     son otherwise designated by the instal-                   complished.
                                                                     lation commander will conduct an in-                        (f) Persons whose driving privileges
                                                                     quiry. The commander will take or rec-                    are suspended or revoked (for one vio-
                                                                     ommend proper disciplinary or admin-                      lation or an accumulation of 12 traffic
                                                                     istrative action. If a case involves judi-                points within 12 consecutive months,
                                                                     cial or nonjudicial actions, the final re-                or 18 traffic points within 24 consecu-
                                                                     port of action taken will not be for-                     tive months) will be notified in writing
                                                                     warded until final adjudication.                          through official channels (§ 634.11). Ex-
                                                                        (c) On receipt of the report of action                 cept for the mandatory minimum or
                                                                     taken (including action by a U.S. Mag-                    maximum suspension or revocation pe-
                                                                     istrate Court on DD Form 1805), the in-                   riods prescribed by table 5–1 of this
                                                                     stallation law enforcement officer will                   part, the installation commander will
                                                                     assess the number of points appro-                        establish periods of suspension or rev-
                                                                     priate for the offense, and record the                    ocation. Any revocation based on traf-
                                                                     traffic points or the suspension or rev-                  fic points must be no less than 6
                                                                     ocation of driving privileges on the                      months. A longer period may be im-
                                                                     person’s driving record. Except as spec-                  posed on the basis of a person’s overall
                                                                     ified otherwise in this part and other                    driving record considering the fre-
                                                                     Service/DLA regulations, points will                      quency, flagrancy, severity of moving
                                                                     not be assessed or driving privileges                     violations, and the response to pre-
                                                                     suspended or revoked when the report                      vious driver improvement measures. In
                                                                     of action taken indicates that neither                    all cases, military members must suc-
                                                                     disciplinary nor administrative action                    cessfully complete a prescribed course
                                                                     was taken.                                                in remedial driver training before driv-
                                                                        (d) Installation commanders may re-                    ing privileges are reinstated.
                                                                     quire the following driver improvement                      (g) Points assessed against a person
                                                                     measures as appropriate:                                  will remain in effect for point accumu-
                                                                        (1) Advisory letter through the unit                   lation purposes for 24 consecutive
                                                                     commander or supervisor to any person                     months. The review of driver records to
                                                                     who has acquired six traffic points                       delete traffic points should be done
                                                                     within a 6-month period.                                  routinely during records update while
                                                                        (2) Counseling or driver improvement                   recording new offenses and forwarding
                                                                     interview, by the unit commander, of                      records to new duty stations. Comple-
                                                                     any person who has acquired more than                     tion of a revocation based on points re-
                                                                     six but less than 12 traffic points with-                 quires removal from the driver record
                                                                     in a 6-month period. This counseling or                   of all points assessed before the revoca-
                                                                     interview should produce recommenda-                      tion.
                                                                     tions to improve driver performance.                        (h) Removal of points does not au-
                                                                        (3) Referral for medical evaluation                    thorize removal of driving record en-
                                                                     when a driver, based on reasonable be-                    tries for moving violations, chargeable
                                                                     lief, appears to have mental or physical                  accidents, suspensions, or revocations.
                                                                     limits that have had or may have an                       Record entries will remain posted on
                                                                     adverse affect on driving performance.                    individual driving records for the fol-
                                                                                                                               lowing periods of time.
                                                                        (4) Attendance at remedial driver
                                                                     training to improve driving perform-                        (1) Chargeable nonfatal traffic acci-
                                                                     ance.                                                     dents or moving violations—3 years.
                                                                        (5) Referral to an alcohol or drug                       (2) Nonmandatory suspensions or rev-
                                                                     treatment or rehabilitation facility for                  ocations—5 years.
                                                                     evaluation, counseling, or treatment.                       (3) Mandatory revocations—7 years.
                                                                     This action is required for active mili-
                                                                     tary personnel in all cases in which al-                  § 634.47    Disposition of driving records.
                                                                     cohol or other drugs are a contributing                     Procedures will be established to en-
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                                                                     factor to a traffic citation, incident, or                sure prompt notice to the installation
                                                                     accident.                                                 law enforcement officer when a person

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                                                                     § 634.48                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     assigned to or employed on the instal-                     Subpart F—Impounding Privately
                                                                     lation is being transferred to another                             Owned Vehicles
                                                                     installation, being released from mili-
                                                                     tary service, or ending employment.                       § 634.48    General.
                                                                        (a) If persons being transferred to a                    This subpart provides the standards
                                                                     new installation have valid points or                     and procedures for law enforcement
                                                                     other entries on the driving records,                     personnel when towing, inventorying,
                                                                     the law enforcement officer will for-                     searching, impounding, and disposing
                                                                     ward the records to the law enforce-                      of POVs. This policy is based on:
                                                                     ment officer of the gaining installa-                       (a) The interests of the Services and
                                                                     tion. Gaining installation law enforce-                   DLA in crime prevention, traffic safe-
                                                                     ment officers must coordinate with ap-                    ty, and the orderly flow of vehicle traf-
                                                                     plicable commanders and continue any                      fic movement.
                                                                     existing suspension or revocation based                     (b) The vehicle owner’s constitu-
                                                                     on intoxicated driving or accumulation                    tional rights to due process, freedom
                                                                     of traffic points. Traffic points for per-                from unreasonable search and seizure,
                                                                     sons being transferred will continue to                   and freedom from deprivation of pri-
                                                                     accumulate as specified in § 634.46 (g).                  vate property.
                                                                        (b) Driving records of military per-
                                                                     sonnel being discharged or released                       § 634.49    Standards for impoundment.
                                                                     from active duty will be retained on                        (a) POVs should not be impounded
                                                                     file for 2 years and then destroyed. In                   unless the vehicles clearly interfere
                                                                     cases of immediate reenlistment,                          with ongoing operations or movement
                                                                     change of officer component or mili-                      of traffic, threaten public safety or
                                                                     tary or civilian retirement when vehi-                    convenience, are involved in criminal
                                                                     cle registration is continued, the                        activity, contain evidence of criminal
                                                                     record will remain active.                                activity, or are stolen or abandoned.
                                                                        (c) Driving records of civilian per-                     (b) The impoundment of a POV would
                                                                     sonnel terminating employment will be                     be inappropriate when reasonable al-
                                                                     retained on file for 2 years and then de-                 ternatives to impoundment exist.
                                                                     stroyed.                                                    (1) Attempts should be made to lo-
                                                                        (d) Driving records of military family                 cate the owner of the POV and have
                                                                     members containing point assessments                      the vehicle removed.
                                                                     or other entries will be forwarded to                       (2) The vehicle may be moved a short
                                                                     the sponsor’s gaining installation in                     distance to a legal parking area and
                                                                     the same manner as for service mem-                       temporarily secured until the owner is
                                                                     bers. At the new installation, records                    found.
                                                                     will be analyzed and made available                         (3) Another responsible person may
                                                                     temporarily to the sponsor’s unit com-                    be allowed to drive or tow the POV
                                                                     mander or supervisor for review.                          with permission from the owner, oper-
                                                                        (e) Driving records of retirees elect-                 ator, or person empowered to control
                                                                     ing to retain installation driving privi-                 the vehicle. In this case, the owner, op-
                                                                     leges will be retained. Points accumu-                    erator, or person empowered to control
                                                                                                                               the vehicle will be informed that law
                                                                     lated or entries on the driver record re-
                                                                                                                               enforcement personnel are not respon-
                                                                     garding suspensions, revocations, mov-
                                                                                                                               sible for safeguarding the POV.
                                                                     ing violations, or chargeable accidents
                                                                                                                                 (c) Impounding of POVs is justified
                                                                     will not be deleted from driver records
                                                                                                                               when any of the following conditions
                                                                     except per § 634.46 (g) and (h).                          exist:
                                                                        (f) Army users will comply with para-                    (1) The POV is illegally parked—
                                                                     graphs (a) and (d) of this section by
                                                                                                                                 (i) On a street or bridge, in a tunnel,
                                                                     mailing the individual’s DA Form 3626                     or is double parked, and interferes with
                                                                     to the gaining installation provost                       the orderly flow of traffic.
                                                                     marshal.                                                    (ii) On a sidewalk, within an intersec-
                                                                                                                               tion, on a cross-walk, on a railroad
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                                                                                                                               track, in a fire lane, or is blocking a
                                                                                                                               driveway, so that the vehicle interferes

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                                                                     Department of the Army, DoD                                                                         § 634.51

                                                                     with operations or creates a safety haz-                  lation law enforcement officer or des-
                                                                     ard to other roadway users or the gen-                    ignated individual.
                                                                     eral public. An example would be a ve-                      (c) Temporary impoundment and
                                                                     hicle parked within 15 feet of a fire hy-                 towing of POVs for violations of the in-
                                                                     drant or blocking a properly marked                       stallation traffic code or involvement
                                                                     driveway of a fire station or aircraft-                   in criminal activities will be accom-
                                                                     alert crew facility.                                      plished under the direct supervision of
                                                                       (iii) When blocking an emergency                        law enforcement personnel.
                                                                     exit door of any public place (installa-
                                                                     tion theater, club, dining hall, hos-                     § 634.51    Procedures for impoundment.
                                                                     pital, and other facility).
                                                                                                                                 (a) Unattended POVs. (1) DD Form
                                                                       (iv) In a ‘‘tow-away’’ zone that is so
                                                                                                                               2504 (Abandoned Vehicle Notice) will be
                                                                     marked with proper signs.
                                                                                                                               conspicuously placed on POVs consid-
                                                                       (2) The POV interferes with—
                                                                                                                               ered unattended. This action will be
                                                                       (i) Street cleaning or snow removal
                                                                                                                               documented by an entry in the instal-
                                                                     operations and attempts to contact the
                                                                                                                               lation law enforcement desk journal or
                                                                     owner have been unsuccessful.
                                                                                                                               blotter.
                                                                       (ii) Emergency operations during a
                                                                     natural disaster or fire or must be re-                     (2) The owner will be allowed 3 days
                                                                     moved from the disaster area during                       from the date the POV is tagged to re-
                                                                     cleanup operations.                                       move the vehicle before impoundment
                                                                       (3) The POV has been used in a crime                    action is initiated. If the vehicle has
                                                                     or contains evidence of criminal activ-                   not been removed after 3 days, it will
                                                                     ity.                                                      be removed by the installation towing
                                                                       (4) The owner or person in charge has                   service or the contracted wrecker serv-
                                                                     been apprehended and is unable or un-                     ice. If a contracted wrecker service is
                                                                     willing to arrange for custody or re-                     used, a DD Form 2505 (Abandoned Vehi-
                                                                     moval.                                                    cle Removal Authorization) will be
                                                                       (5) The POV is mechanically defec-                      completed and issued to the contractor
                                                                     tive and is a menace to others using                      by the installation law enforcement of-
                                                                     the public roadways.                                      fice.
                                                                       (6) The POV is disabled by a traffic                      (3) After the vehicle has been re-
                                                                     incident and the operator is either un-                   moved, the installation law enforce-
                                                                     available or physically incapable of                      ment officer or the contractor will
                                                                     having the vehicle towed to a place of                    complete DD Form 2506 (Vehicle Im-
                                                                     safety for storage or safekeeping.                        poundment Report) as a record of the
                                                                       (7) Law enforcement personnel rea-                      actions taken.
                                                                     sonably believe the vehicle is aban-                        (i) An inventory listing personal
                                                                     doned.                                                    property will be done to protect the
                                                                                                                               owner, law enforcement personnel, the
                                                                     § 634.50 Towing and storage.                              contractor, and the commander.
                                                                        (a) Impounded POVs may be towed                          (ii) The contents of a closed con-
                                                                     and stored by either the Services and                     tainer such as a suitcase inside the ve-
                                                                     DLA or a contracted wrecker service                       hicle need not be inventoried. Such ar-
                                                                     depending on availability of towing                       ticles should be opened only if nec-
                                                                     services and the local commander’s                        essary to identify the owner of the ve-
                                                                     preference.                                               hicle or if the container might contain
                                                                        (b) The installation commander will                    explosives or otherwise present a dan-
                                                                     designate an enclosed area on the in-                     ger to the public. Merely listing the
                                                                     stallation that can be secured by lock                    container and sealing it with security
                                                                     and key for an impound lot to be used                     tape will suffice.
                                                                     by the military or civilian wrecker                         (iii) Personal property must be
                                                                     service. An approved impoundment                          placed in a secure area for safekeeping.
                                                                     area belonging to the contracted                            (4) DD Form 2507 (Notice of Vehicle
                                                                     wrecker service may also be used pro-                     Impoundment) will be forwarded by
                                                                     vided the area assures adequate ac-                       certified mail to the address of the last
                                                                     countability and security of towed ve-                    known owner of the vehicle to advise
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                                                                     hicles. One set of keys to the enclosed                   the owner of the impoundment action,
                                                                     area will be maintained by the instal-                    and request information concerning

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                                                                     § 634.52                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     the owner’s intentions pertaining to                      § 634.53 Disposition of vehicles after
                                                                     the disposition of the vehicle.                               impoundment.
                                                                       (b) Stolen POVs or vehicles involved in                   (a) If a POV is impounded for evi-
                                                                     criminal activity. (1) When the POV is to                 dentiary purposes, the vehicle can be
                                                                     be held for evidentiary purposes, the                     held for as long as the evidentiary or
                                                                     vehicle should remain in the custody of                   law enforcement purpose exists. The
                                                                     the applicable Service or DLA until                       vehicle must then be returned to the
                                                                     law enforcement purposes are served.                      owner without delay unless directed
                                                                       (2) Recovered stolen POVs will be re-                   otherwise by competent authority.
                                                                     leased to the registered owner, unless                      (b) If the vehicle is unclaimed after
                                                                     held for evidentiary purposes, or to the                  120 days from the date notification was
                                                                     law enforcement agency reporting the                      mailed to the last known owner or the
                                                                     vehicle stolen, as appropriate.                           owner released the vehicle by properly
                                                                       (3) A POV held on request of other                      completing DD Form 2505, the vehicle
                                                                     authorities will be retained in the cus-                  will be disposed of by one of the fol-
                                                                     tody of the applicable Service or DLA                     lowing procedures:
                                                                     until the vehicle can be released to                        (1) Release to the lienholder, if
                                                                     such authorities.                                         known.
                                                                                                                                 (2) Processed as abandoned property
                                                                     § 634.52 Search incident to impound-
                                                                         ment based on criminal activity.                      in accordance with DOD 4160.21–M.
                                                                                                                                 (i) Property may not be disposed of
                                                                       Search of a POV in conjunction with                     until diligent effort has been made to
                                                                     impoundment based on criminal activ-                      find the owner; or the heirs, next of
                                                                     ity will likely occur in one of the fol-                  kin, or legal representative of the
                                                                     lowing general situations:                                owner.
                                                                       (a) The owner or operator is not                          (ii) The diligent effort to find one of
                                                                     present. This situation could arise dur-                  those mentioned in paragraph (a) of
                                                                     ing traffic and crime-related impound-                    this section shall begin not later than
                                                                     ments and abandoned vehicle seizures.                     7 days after the date on which the
                                                                     A property search related to an inves-                    property comes into custody or control
                                                                     tigation of criminal activity should not                  of the law enforcement agency.
                                                                     be conducted without search authority                       (iii) The period for which this effort
                                                                     unless the item to be seized is in plain                  is continued may not exceed 45 days.
                                                                     view or is readily discernible on the
                                                                                                                                 (iv) If the owner or those mentioned
                                                                     outside as evidence of criminal activ-
                                                                                                                               in § 634.52 are determined, but not
                                                                     ity. When in doubt, proper search au-
                                                                                                                               found, the property may not be dis-
                                                                     thority should be obtained before
                                                                                                                               posed of until the expiration of 45 days
                                                                     searching.
                                                                                                                               after the date when notice, giving the
                                                                       (b) The owner or operator is present.                   time and place of the intended sale or
                                                                     This situation can occur during either                    other disposition, has been sent by cer-
                                                                     a traffic or criminal incident, or if the                 tified or registered mail to that person
                                                                     operator is apprehended for a crime or                    at his last known address.
                                                                     serious traffic violation and sufficient
                                                                                                                                 (v) When diligent effort to determine
                                                                     probable cause exists to seize the vehi-
                                                                                                                               those mentioned in paragraph (b)(2)(iv)
                                                                     cle. This situation could also arise dur-
                                                                                                                               of this section is unsuccessful, the
                                                                     ing cases of intoxicated driving or traf-
                                                                                                                               property may be disposed of without
                                                                     fic accidents in which the operator is
                                                                                                                               delay, except that if it has a fair mar-
                                                                     present but incapacitated or otherwise
                                                                                                                               ket value of more than $500, the law en-
                                                                     unable to make adequate arrangements
                                                                                                                               forcement official may not dispose of
                                                                     to safeguard the vehicle. If danger ex-
                                                                                                                               the property until 45 days after the
                                                                     ists to the police or public or if there is
                                                                                                                               date it is received at the storage point.
                                                                     risk of loss or destruction of evidence,
                                                                                                                                 (c) All contracts for the disposal of
                                                                     an investigative type search of the ve-
                                                                                                                               abandoned vehicles must comply with
                                                                     hicle may be conducted without search
                                                                                                                               10 U.S.C. 2575.
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                                                                     authority. (Air Force, see AFP 125–2).



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                                                                     Department of the Army, DoD                                                                         § 634.54

                                                                       Subpart G—List of State Driver’s                        Hawaii: Division of Motor Vehicle and
                                                                             License Agencies                                     Licensing, 1455 S. Benetania Street,
                                                                                                                                  Honolulu, HI 96814, (808) 943–3221.
                                                                     § 634.54 List of State Driver’s License                   Idaho: Transportation Department,
                                                                         Agencies.                                                3311 State Street, P.O. Box 34, Boise,
                                                                                                                                  ID 83731, (208) 334–3650.
                                                                       Notification of State driver’s license
                                                                                                                               Illinois: Secretary of State, Centennial
                                                                     agencies. The installation commander
                                                                                                                                  Building, Springfield, IL 62756, (217)
                                                                     will notify the State driver’s license                       782–4815.
                                                                     agency of those personnel whose instal-                   Indiana: Bureau of Motor Vehicles,
                                                                     lation driving privileges are revoked                        State Office Building, Room 901, Indi-
                                                                     for 1 year or more, following final adju-                    anapolis, IN 46204, (317) 232–2701.
                                                                     dication of the intoxicated driving of-                   Iowa: Department of Transportation
                                                                     fense or for refusing to submit to a                         Office of Operating Authority, Lucas
                                                                     lawful blood-alcohol content test in ac-                     Office Bldg., Des Moines, IA 50319,
                                                                     cordance with § 634.8. This notification                     (515) 281–5664.
                                                                     will include the basis for the suspen-                    Kansas: Department of Revenue, Divi-
                                                                     sion and the blood alcohol level. The                        sion of Vehicles, Interstate Registra-
                                                                     notification will be sent to the State in                    tion Bureau, State Office Bldg., To-
                                                                     which the driver’s license was issued.                       peka, KS 66612, (913) 296–3681.
                                                                     State driver’s license agencies are list-                 Kentucky: Department of Transpor-
                                                                     ed as follows:                                               tation, New State Office Building,
                                                                     Alabama: Motor Vehicle Division, 2721                        Frankfort, KY 40622, (502) 564–4540.
                                                                       Gunter Park Drive, Montgomery, AL                       Louisiana: Motor Vehicle Adminis-
                                                                       36101, (205) 271–3250.                                     trator, S. Foster Drive, Baton Rouge,
                                                                     Alaska: Motor Vehicle Division, P.O.                         LA 70800, (504) 925–6304.
                                                                       Box 100960, Anchorage, AK 99510, (907)                  Maine: Department of State, Motor Ve-
                                                                       269–5572.                                                  hicle Division, Augusta, ME 04333,
                                                                     Arizona: Motor Vehicle Division, 1801                        (207) 289–5440.
                                                                       West Jefferson Street, Phoenix, AZ                      Maryland: Motor Vehicle Administra-
                                                                       85007, (602) 255–7295.                                     tion, 6601 Ritchie Highway, NE., Glen
                                                                     Arkansas: Motor Vehicle Division, Joel                       Burnie, MD 21062, (301) 768–7000.
                                                                       & Ledbetter Bldg., 7th and Wolfe                        Massachusetts: Registry of Motor Vehi-
                                                                       Streets, Little Rock, AR 72203, (501)                      cle, 100 Nashua Street, Boston, MA
                                                                       371–1886.                                                  02114, (617) 727–3780.
                                                                                                                               Michigan: Department of State, Divi-
                                                                     California: Department of Motor Vehi-
                                                                                                                                  sion of Driver Licenses and Vehicle
                                                                       cles, P.O. Box 932340, Sacramento, CA
                                                                                                                                  Records, Lansing, MI 48918, (517) 322–
                                                                       94232, (916) 445–0898.
                                                                                                                                  1486.
                                                                     Colorado: Motor Vehicle Division, 140                     Minnesota: Department of Public Safe-
                                                                       West Sixth Avenue, Denver, CO 80204,                       ty, 108 Transportation Building, St.
                                                                       (303) 866–3158.                                            Paul, MN 55155, (612) 296–2138.
                                                                     Connecticut: Department of Motor Ve-                      Mississippi: Office of State Tax Com-
                                                                       hicles, 60 State Street, Wethersfield,                     mission, Woolfolk Building, Jackson,
                                                                       CT 06109, (203) 566–5904.                                  MS 39205, (601) 982–1248.
                                                                     Delaware: Motor Vehicle Director,                         Missouri: Department of Revenue,
                                                                       State Highway Administration Bldg.,                        Motor Vehicles Bureau, Harry S.
                                                                       P.O. Box 698, Dover, DE 19903, (302)                       Truman Bldg., 301 W. High Street,
                                                                       736–4421.                                                  Jefferson City, MO 65105, (314) 751–
                                                                     District of Columbia: Department of                          3234.
                                                                       Transportation, Bureau of Motor Ve-                     Montana: Highway Commission, Box
                                                                       hicles, 301 C Street, NW., Wash-                           4639, Helena, MT 59604, (406) 449–2476.
                                                                       ington, DC 20001, (202) 727–5409.                       Nebraska: Department of Motor Vehi-
                                                                     Florida: Division of Motor Vehicles,                         cles, P.O. Box 94789, Lincoln, NE
                                                                       Neil Kirkman Building, Tallahassee,                        68509, (402) 471–3891.
                                                                       FL 32301, (904) 488–6921.                               Nevada: Department of Motor Vehicles,
                                                                     Georgia: Motor Vehicle Division, Trin-                       Carson City, NV 89711, (702) 885–5370.
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                                                                       ity-Washington Bldg., Room 114, At-                     New Hampshire: Department of Safety,
                                                                       lanta, GA 30334, (404) 656–4149.                           Division of Motor Vehicles, James H.

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                                                                     Pt. 635                                                                32 CFR Ch. V (7–1–08 Edition)

                                                                       Haynes Bldg., Concord, NH 03305, (603)                  Washington: Department of Licensing,
                                                                       271–2764.                                                Highways-Licenses Building, Olym-
                                                                     New Jersey: Motor Vehicle Division, 25                     pia, WA 98504, (206) 753–6975.
                                                                       S. Montgomery Street, Trenton, NJ                       West Virginia: Department of Motor Ve-
                                                                       08666, (609) 292–2368.                                   hicles, 1800 Washington Street, East,
                                                                     New Mexico: Motor Transportation Di-                       Charleston, WV 25317, (304) 348–2719.
                                                                       vision, Joseph M. Montoya Building,                     Wisconsin: Department of Transpor-
                                                                       Santa Fe, NM 87503, (505) 827–0392.                      tation Reciprocity and Permits, P.O.
                                                                     New York: Division of Motor Vehicles,                      Box 7908, Madison, WI 53707, (608) 266–
                                                                       Empire State Plaza, Albany, NY                           2585.
                                                                                                                               Wyoming: Department of Revenue, Pol-
                                                                       12228, (518) 474–2121.
                                                                                                                                icy Division, 122 W. 25th Street,
                                                                     North Carolina: Division of Motor Vehi-
                                                                                                                                Cheyenne, WY 82002, (307) 777–5273.
                                                                       cles, Motor Vehicles Bldg., Raleigh,                    Guam: Deputy Director, Revenue and
                                                                       NC 27697, (919) 733–2403.                                Taxation, Government of Guam,
                                                                     North Dakota: Motor Vehicle Depart-                        Agana, Guam 96910, (no phone num-
                                                                       ment, Capitol Grounds, Bismarck,                         ber available).
                                                                       ND 58505, (701) 224–2619.                               Puerto Rico: Department of Transpor-
                                                                     Ohio: Bureau of Motor Vehicles, P.O.                       tation and Public Works, Bureau of
                                                                       Box 16520, Columbus, OH 43216, (614)                     Motor Vehicles, P.O. Box 41243,
                                                                       466–4095.                                                Minillas Station, Santurce, Puerto
                                                                     Oklahoma: Oklahoma Tax Commission,                         Rico 00940, (809) 722–2823.
                                                                       Motor Vehicle Division, 2501 Lincoln
                                                                       Boulevard, Oklahoma City, OK 73194,                        PART 635—LAW ENFORCEMENT
                                                                       (405) 521–3036                                                     REPORTING
                                                                     Oregon: Motor Vehicles Division, 1905
                                                                       Lana Avenue, NE., Salem, OR 97314,                          Subpart A—Records Administration
                                                                       (503) 378–6903.
                                                                     Pennsylvania: Department of Transpor-                     Sec.
                                                                                                                               635.1 General.
                                                                       tation, Bureau of Motor Vehicles,                       635.2 Safeguarding official information.
                                                                       Transportation and Safety Bldg.,                        635.3 Special requirements of the Privacy
                                                                       Harrisburg, PA 17122, (717) 787–3130.                       Act of 1974.
                                                                     Rhode Island: Department of Motor Ve-                     635.4 Administration of expelled or barred
                                                                       hicles, State Office Building, Provi-                       persons file.
                                                                       dence, RI 02903, (401) 277–6900.                        635.5 Police Intelligence/Criminal Informa-
                                                                                                                                   tion.
                                                                     South Carolina: Motor Vehicle Division,                   635.6 Name checks.
                                                                       P.O. Drawer 1498, Columbia, SC 29216,                   635.7 Registration of sex offenders.
                                                                       (803) 758–5821.
                                                                     South Dakota: Division of Motor Vehi-                          Subpart B—Release of Information
                                                                       cles, 118 W. Capitol, Pierre, SD 57501,                 635.8 General.
                                                                       (605) 773–3501.                                         635.9 Guidelines for disclosure within DOD.
                                                                     Tennessee: Department of Revenue,                         635.10 Release of information.
                                                                       Motor       Vehicle     Division,     500               635.11 Release of information under the
                                                                       Deaderick Street, Nashville, TN                             Freedom of Information Act (FOIA).
                                                                                                                               635.12 Release of information under the Pri-
                                                                       37242, (615) 741–1786.
                                                                                                                                   vacy Act of 1974.
                                                                     Texas: Department of Highways and                         635.13 Amendment of records.
                                                                       Public Transportation, Motor Vehi-                      635.14 Accounting for military police record
                                                                       cle Division, 40th and Jackson Ave-                         disclosure.
                                                                       nue, Austin, TX 78779, (512) 475–7686.                  635.15 Release of law enforcement informa-
                                                                     Utah: Motor Vehicle Division State                            tion furnished by foreign governments or
                                                                                                                                   international organizations.
                                                                       Fairgrounds, 1095 Motor Avenue, Salt
                                                                       Lake City, UT 84116, (801) 533–5311.                           Subpart C—Offense Reporting
                                                                     Vermont: Department of Motor Vehi-
                                                                       cles, State Street, Montpelier, VT                      635.16 General.
                                                                                                                               635.17 Military Police Report.
                                                                       05603, (802) 828–2014.
                                                                                                                               635.18 Identifying criminal incidents and
                                                                     Virginia: Department of Motor Vehi-                           subjects of investigation.
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                                                                       cles, 2300 W. Broad Street, Richmond,                   635.19 Offense codes.
                                                                       VA 23220, (804) 257–1855.                               635.20 Military Police Codes (MPC).

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                                                                     Department of the Army, DoD                                                                          § 635.1
                                                                     635.21 USACRC control numbers.                             conditions will preclude unauthorized
                                                                     635.22 Reserve component, U.S. Army Re-                    or unintentional disclosure.
                                                                         serve, and Army National Guard per-
                                                                                                                                   (c) Personally identifying informa-
                                                                         sonnel.
                                                                     635.23 DA Form 4833 (Commander’s Report                    tion includes, for example, information
                                                                         of Disciplinary or Administrative Ac-                  that is intimate or private to an indi-
                                                                         tion).                                                 vidual, as distinguished from that
                                                                     635.24 Updating the COPS MPRS.                             which concerns a person’s official func-
                                                                     635.25 Submission of criminal history data                 tion or public life. Specific examples
                                                                         to the CJIS.                                           include the social security number
                                                                     635.26 Procedures for reporting Absence                    (SSN), medical history, home address,
                                                                         Without Leave (AWOL) and desertion of-
                                                                         fenses.
                                                                                                                                and home telephone number.
                                                                     635.27 Vehicle Registration System.                           (d) Access to areas in which military
                                                                     635.28 Procedures for restricted/unrestricted              police records are prepared, processed
                                                                         reporting in sexual assault cases.                     and stored will be restricted to those
                                                                     635.29 Domestic violence and protection or-                personnel whose duties require their
                                                                         ders.                                                  presence or to other personnel on offi-
                                                                     635.30 Establishing     domestic       violence            cial business. Military police records
                                                                         Memoranda of Understanding.
                                                                                                                                containing personal information will
                                                                     635.31 Lost, abandoned, or unclaimed prop-
                                                                         erty.                                                  be stored in a locked room or locked
                                                                                                                                filing cabinet when not under the per-
                                                                       Subpart D—Army Quarterly Trends and                      sonal control of authorized personnel.
                                                                                 Analysis Report                                Alternate storage systems providing
                                                                                                                                equal or greater protection may be
                                                                     635.32     General.                                        used in accordance with AR 25–55.
                                                                     635.33     Crime rate reporting.
                                                                                                                                   (e) Only personnel on official busi-
                                                                     Subpart E—Victim and Witness Assistance                    ness can have access to areas in which
                                                                                   Procedures                                   computers are used to store, process or
                                                                                                                                retrieve military police records. When
                                                                     635.34 General.                                            processing military police information,
                                                                     635.35 Procedures.                                         computer video display monitors will
                                                                     635.36 Notification.                                       be positioned so that protected infor-
                                                                     635.37 Statistical reporting requirements.
                                                                                                                                mation cannot be viewed by unauthor-
                                                                       AUTHORITY: 28 U.S.C. 534 note, 42 U.S.C.                 ized persons. Computer output from
                                                                     10601, 18 U.S.C. 922, 42 U.S.C. 14071, 10 U.S.C.           automated military police systems will
                                                                     1562, 10 U.S.C. Chap. 47.                                  be controlled as specified in paragraph
                                                                       SOURCE: 72 FR 29063, May 24, 2007, unless                (d) of this section.
                                                                     otherwise noted.                                              (f) Output from any locally prepared
                                                                                                                                data or automated systems containing
                                                                                  Subpart A—Records                             personal information subject to the
                                                                                    Administration                              Privacy Act will be controlled per AR
                                                                                                                                340–21. All locally created, Army Com-
                                                                     § 635.1     General.                                       mands (ACOM), Army Service Compo-
                                                                       (a) Military police records and files                    nent Commands (ASCC) or Direct Re-
                                                                     created under provisions of this part                      porting Units (DRU) unique automated
                                                                     will be maintained and disposed of in                      systems of records containing law en-
                                                                     accordance with instructions and                           forcement information must be re-
                                                                     standards prescribed by Army Regula-                       ported to and approved by HQDA, Of-
                                                                     tion (AR) 25–400–2, AR 25–55, AR 340–21,                   fice of the Provost Marshal General
                                                                     and other applicable HQDA directives.                      prior to use. The request must clearly
                                                                       (b) Each Provost Marshal/Director of                     document why the COPS MPRS system
                                                                     Emergency Services will appoint in                         cannot meet the requirements or objec-
                                                                     writing two staff members, one pri-                        tives of the organization. After review
                                                                     mary and one alternate, to account for                     and approval by HQDA, the installa-
                                                                     and safeguard all records containing                       tion, ACOM, ASCC and DRU will com-
                                                                     personal information protected by law.                     plete and process the systems notice
                                                                     Action will be taken to ensure that                        for publication in the FEDERAL REG-
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                                                                     protected personal information is used                     ISTER per AR 340–21 and the Privacy
                                                                     and stored only where facilities and                       Act.

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                                                                     § 635.2                                                                32 CFR Ch. V (7–1–08 Edition)

                                                                       (g) Provost Marshals/Directors of                         (b) When military police records con-
                                                                     Emergency Services using automated                        taining personal information trans-
                                                                     systems will appoint, in writing, an In-                  mitted outside the installation law en-
                                                                     formation Assurance Security Officer                      forcement community to other depart-
                                                                     (IASO) who will ensure implementa-                        ments and agencies within DOD, such
                                                                     tion of automation security require-                      records will be marked ‘‘For Official
                                                                     ments within the organization. Pass-                      Use Only.’’ Records marked ‘‘For Offi-
                                                                     words used to control systems access                      cial Use Only’’ will be transmitted as
                                                                     will be generated, issued, and con-                       prescribed by AR 25–55. Use of an ex-
                                                                     trolled by the IASO.                                      panded marking is required for certain
                                                                       (h) Supervisors at all levels will en-                  records transmitted outside DOD per
                                                                     sure that personnel whose duties in-                      AR 25–55.
                                                                     volve preparation, processing, filing,                      (c) Military police records may also
                                                                     and release of military police records                    be released to Federal, state, local or
                                                                     are knowledgeable of and comply with                      foreign law enforcement agencies as
                                                                     policies and procedures contained in                      prescribed by AR 340–21. Expanded
                                                                     this part, AR 25–55, AR 340–21, and                       markings will be applied to these
                                                                     other applicable HQDA directives. Par-                    records.
                                                                     ticular attention will be directed to
                                                                                                                               § 635.3 Special requirements of the
                                                                     provisions on the release of informa-                          Privacy Act of 1974.
                                                                     tion and protection of privacy.
                                                                       (i) Military police records identifying                    (a) Certain personal information is
                                                                     juveniles as offenders will be clearly                    protected under the Privacy Act and
                                                                     marked as juvenile records and will be                    AR 340–21.
                                                                     kept secure from unauthorized access                         (b) Individuals requested to furnish
                                                                     by individuals. Juvenile records may be                   personal information must be advised
                                                                     stored with adult records but clearly                     of the purpose for which the informa-
                                                                                                                               tion is collected and the disclosures by
                                                                     designated as juvenile records even
                                                                                                                               which it is routinely used.
                                                                     after the individual becomes of legal
                                                                                                                                  (c) Army law enforcement personnel
                                                                     age. In distributing information on ju-
                                                                                                                               performing official duties often require
                                                                     veniles, Provost Marshals/Directors of
                                                                                                                               an individual’s SSN for identification
                                                                     Emergency Services will ensure that
                                                                                                                               purposes. Personal information may be
                                                                     only individuals with a clear reason to
                                                                                                                               obtained from identification docu-
                                                                     know the identity of a juvenile are pro-
                                                                                                                               ments without violating an individ-
                                                                     vided the identifying information on
                                                                                                                               ual’s privacy and without providing a
                                                                     the juvenile. For example, a commu-
                                                                                                                               Privacy Act Statement. This personal
                                                                     nity commander is authorized to re-
                                                                                                                               information can be used to complete
                                                                     ceive pertinent information on juve-                      military police reports and records.
                                                                     niles. When a MPR identifying juvenile                    The following procedures may be used
                                                                     offenders must be provided to multiple                    to obtain SSNs:
                                                                     commanders or supervisors, the Pro-                          (1) Active Army, U.S. Army Reserve
                                                                     vost Marshal/Director of Emergency                        (USAR), Army National Guard (ARNG)
                                                                     Services must sanitize each report to                     and retired military personnel are re-
                                                                     withhold juvenile information not per-                    quired to produce their Common Ac-
                                                                     taining to that commander’s area of re-                   cess Card, DD Form 2 (Act), DD Form
                                                                     sponsibility.                                             2 (Res), or DD Form 2 (Ret) (U.S.
                                                                       (j) Military police records in the cus-                 Armed Forces of the United States
                                                                     tody of USACRC will be processed,                         General     Convention      Identification
                                                                     stored and maintained in accordance                       Card), or other government issued iden-
                                                                     with policy established by the Direc-                     tification, as appropriate.
                                                                     tor, USACRC.                                                 (2) Family members of sponsors may
                                                                                                                               be requested to produce their DD Form
                                                                     § 635.2 Safeguarding official informa-                    1173 (Uniformed Services Identification
                                                                         tion.                                                 and Privilege Card). Information con-
                                                                       (a) Military police records are un-                     tained thereon (for example, the spon-
                                                                     classified except when they contain na-                   sor’s SSN) may be used to verify and
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                                                                     tional security information as defined                    complete applicable sections of MPRs
                                                                     in AR 380–5.                                              and related forms.

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                                                                     Department of the Army, DoD                                                                         § 635.5

                                                                       (3) DOD civilian personnel may be re-                   ligence is developed to the point where
                                                                     quested to produce their appropriate                      it factually establishes a criminal of-
                                                                     service identification. DA Form 1602                      fense, an investigation by the military
                                                                     (Civilian Identification) may be re-                      police, U.S. Army Criminal Investiga-
                                                                     quested from DA civilian employees. If                    tion Command (USACIDC) or other in-
                                                                     unable to produce such identification,                    vestigative agency will be initiated.
                                                                     DOD civilians may be requested to pro-                    The crimes in §§ 635.5b(2) and (3) will be
                                                                     vide other verifying documentation.                       reported to the nearest Army counter-
                                                                       (4) Non-DOD civilians, including fam-                   intelligence office as required by AR
                                                                     ily members and those whose status is                     381–12.
                                                                     unknown, will be advised of the provi-                      (b) Information on persons and orga-
                                                                     sions of the Privacy Act Statement                        nizations not affiliated with DOD may
                                                                     when requested to disclose their SSN.                     not normally be acquired, reported,
                                                                       (d) Requests for new systems of mili-                   processed or stored. Situations justi-
                                                                     tary police records, changes to existing                  fying acquisition of this information
                                                                     systems, and continuation systems,                        include, but are not limited to—
                                                                     not addressed in existing public notices                    (1) Theft, destruction, or sabotage of
                                                                     will be processed as prescribed in AR                     weapons, ammunition, equipment fa-
                                                                     340–21, after approval is granted by                      cilities, or records belonging to DOD
                                                                     HQDA, OPMG (DAPM–MPD–LE).                                 units or installations.
                                                                                                                                 (2) Possible compromise of classified
                                                                     § 635.4 Administration of expelled or                     defense information by unauthorized
                                                                          barred persons file.                                 disclosure or espionage.
                                                                        (a) When action is completed by an                       (3) Subversion of loyalty, discipline,
                                                                     installation commander to bar an indi-                    or morale of DA military or civilian
                                                                     vidual from the installation under 18                     personnel by actively encouraging vio-
                                                                     U.S.C. 1382 the installation Provost                      lation of laws, disobedience of lawful
                                                                     Marshal/Director of Emergency Serv-                       orders and regulations, or disruption of
                                                                     ices will be provided—                                    military activities.
                                                                        (1) A copy of the letter or order bar-                   (4) Protection of Army installations
                                                                     ring the individual.                                      and activities from potential threat.
                                                                        (2) Reasons for the bar.                                 (5) Information received from the
                                                                        (3) Effective date of the bar and pe-                  FBI, state, local, or international law
                                                                     riod covered.                                             enforcement agencies which directly
                                                                        (b) The Provost Marshal/Director of                    pertain to the law enforcement mission
                                                                     Emergency Services will maintain a                        and activity of the installation Provost
                                                                     list of barred or expelled persons. When                  Marshal Office/Directorate of Emer-
                                                                     the bar or expulsion action is predi-                     gency Services, ACOM, ASCC or DRU
                                                                     cated on information contained in                         Provost Marshal Office Directorate of
                                                                     military police investigative records,                    Emergency Services, or that has a
                                                                     the bar or expulsion document will ref-                   clearly identifiable military purpose
                                                                     erence the appropriate military police                    and connection. A determination that
                                                                     record or MPR. When a MPR results in                      specific information may not be col-
                                                                     the issuance of a bar letter the Provost                  lected, retained or disseminated by in-
                                                                     Marshal/Director of Emergency Serv-                       telligence activities does not indicate
                                                                     ices will forward a copy of the bar let-                  that the information is automatically
                                                                     ter to Director, USACRC to be filed                       eligible for collection, retention, or
                                                                     with the original MPR. The record of                      dissemination under the provisions of
                                                                     the bar will also be entered into COPS,                   this part. The policies in this section
                                                                     in the Military Police Reporting Sys-                     are not intended and will not be used
                                                                     tem module, under Barrings.                               to circumvent any federal law that re-
                                                                                                                               stricts gathering, retaining or dissemi-
                                                                     § 635.5 Police Intelligence/Criminal In-                  nation of information on private indi-
                                                                          formation.                                           viduals or organizations.
                                                                        (a) The purpose of gathering police                      (c) Retention and disposition of infor-
                                                                     intelligence is to identify individuals                   mation on non-DOD affiliated individ-
                                                                     or groups of individuals in an effort to                  uals and organizations are subject to
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                                                                     anticipate, prevent, or monitor pos-                      the provisions of AR 380–13 and AR 25–
                                                                     sible criminal activity. If police intel-                 400–2.

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                                                                     § 635.6                                                                32 CFR Ch. V (7–1–08 Edition)

                                                                       (d) Police intelligence such as                         lease is accomplished in accordance
                                                                     TALON events will be captured by uti-                     with AR 340–21.
                                                                     lizing the TALON report format. These                        (b) Checks will be accomplished by a
                                                                     reports will be identified as ‘‘Pre-                      review of the COPS MPRS. Information
                                                                     TALON’’ reports. The Provost Marshal                      will be disseminated according to sub-
                                                                     Office/Directorate of Emergency Serv-                     part B of this part.
                                                                     ices will forward these reports to the                       (c) In response to a request for local
                                                                     counterintelligence activity which sup-                   files or name checks, Provost Marshals/
                                                                     ports their installation/area. The coun-                  Directors of Emergency Services will
                                                                     terintelligence activity will determine                   release only founded offenses with final
                                                                     if the suspicious incident/activity                       disposition. Offenses determined to be
                                                                     should be entered into the DoD TALON                      unfounded will not be released. These
                                                                     reporting system. The counterintel-                       limitations do not apply to requests
                                                                     ligence activity will inform the sub-                     submitted by law enforcement agencies
                                                                     mitting Army law enforcement agency                       for law enforcement purposes, and
                                                                     as to whether or not the ‘‘Pre-Talon’’                    counterintelligence investigative agen-
                                                                     report was submitted into the DoD                         cies for counterintelligence purposes.
                                                                     TALON reporting system.                                      (d) COPS MPRS is a database, which
                                                                       (e) In addition to Pre-TALON report-                    will contain all military police reports
                                                                     ing, Installation Law Enforcement                         filed worldwide. Authorized users of
                                                                     Agencies/Activities will also comply                      COPS MPRS can conduct name checks
                                                                     with their Combatant Command’s poli-                      for criminal justice purposes. To con-
                                                                     cies regarding the reporting of sus-                      duct a name check, users must have ei-
                                                                     picious activities or events which meet                   ther the social security number/foreign
                                                                     established criteria.                                     national number, or the first and last
                                                                       (f) If a written extract from local po-                 name of the individual. If a search is
                                                                     lice intelligence files is provided to an                 done by name only, COPS MPRS will
                                                                     authorized investigative agency, the                      return a list of all matches to the data
                                                                     following will be included on the trans-                  entered. Select the appropriate name
                                                                     mittal documents: ‘‘THIS DOCUMENT                         from the list.
                                                                     IS PROVIDED FOR INFORMATION                                  (e) A successful query of COPS MPRS
                                                                     AND USE. COPIES OF THIS DOCU-                             would return the following informa-
                                                                     MENT, ENCLOSURES THERETO, AND                             tion:
                                                                     INFORMATION THEREFROM, WILL                                  (1) Military Police Report Number;
                                                                     NOT BE FURTHER RELEASED WITH-
                                                                                                                                  (2) Report Date;
                                                                     OUT THE PRIOR APPROVAL OF THE
                                                                     INSTALLATION          PROVOST       MAR-                     (3) Social Security Number;
                                                                     SHAL/DIRECTOR OF EMERGENCY                                   (4) Last Name;
                                                                     SERVICES.’’                                                  (5) First Name;
                                                                       (g) Local police intelligence files may                    (6) Protected Identity (Y/N);
                                                                     be exempt from certain disclosure re-                        (7) A link to view the military police
                                                                     quirements by AR 25–55 and the Free-                      report; and
                                                                     dom of Information Act (FOIA).                               (8) Whether the individual is a sub-
                                                                                                                               ject, victim, or a person related to the
                                                                     § 635.6 Name checks.                                      report disposition.
                                                                        (a) Information contained in military                     (f) Name checks will include the cri-
                                                                     police records may be released under                      teria established in COPS MPRS and
                                                                     the provisions of AR 340–21 to author-                    the USACRC. All of the policies and
                                                                     ized personnel for valid background                       procedures for such checks will con-
                                                                     check purposes. Examples include child                    form to the provisions of this part. Any
                                                                     care/youth program providers, access                      exceptions to this policy must be co-
                                                                     control, unique or special duty assign-                   ordinated with HQDA, Office of the
                                                                     ments, and security clearance proce-                      Provost Marshal General before any
                                                                     dures. Any information released must                      name checks are conducted. The fol-
                                                                     be restricted to that necessary and rel-                  lowing are examples of appropriate
                                                                     evant to the requester’s official pur-                    uses of the name check feature of
                                                                     pose. Provost Marshals/Directors of                       COPS MPRS:
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                                                                     Emergency Services will establish                            (1) Individuals named as the subjects
                                                                     written procedures to ensure that re-                     of serious incident reports.

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                                                                     Department of the Army, DoD                                                                         § 635.8

                                                                       (2) Individuals named as subjects of                    into COPS. Installation Provost Mar-
                                                                     investigations who must be reported to                    shals/Directors of Emergency Services
                                                                     the USACRC.                                               will provide written notice to state and
                                                                       (3) Employment as child care/youth                      local law enforcement agencies of the
                                                                     program providers.                                        arrival of an offender to the local area
                                                                       (4) Local checks of the COPS MPRS                       so the registration process can be com-
                                                                     as part of placing an individual in the                   pleted.
                                                                     COPS MPRS system.
                                                                       (5) Name checks for individuals em-                     Subpart B—Release of Information
                                                                     ployed in law enforcement positions.
                                                                       (g) Provost Marshals/Directors of                       § 635.8 General.
                                                                     Emergency Services will ensure that                          (a) The policy of HQDA is to conduct
                                                                     an audit trail is established and main-                   activities in an open manner and pro-
                                                                     tained for all information released                       vide the public accurate and timely in-
                                                                     from military police records.                             formation. Accordingly, law enforce-
                                                                       (h) Procedures for conduct of name                      ment information will be released to
                                                                     checks with the USACRC are addressed                      the degree permitted by law and Army
                                                                     in AR 195–2. The following information                    regulations.
                                                                     is required for USACRC name checks                           (b) Any release of military police
                                                                     (when only the name is available,                         records or information compiled for
                                                                     USACRC should be contacted tele-                          law enforcement purposes, whether to
                                                                     phonically for assistance):                               persons within or outside the Army,
                                                                       (1) Full name, date of birth, SSN, and                  must be in accordance with the FOIA
                                                                     former service number of the indi-                        and Privacy Act.
                                                                     vidual concerned.                                            (c) Requests by individuals for access
                                                                       (2) The specific statute, directive, or                 to military police records about them-
                                                                     regulation on which the request is                        selves will be processed in compliance
                                                                     based, when requested for other than                      with AR 25–55 and AR 340–21.
                                                                     criminal investigative purposes.                             (d) Military police records in the
                                                                       (i) Third party checks (first party                     temporary possession of another orga-
                                                                     asks second party to obtain informa-                      nization remain the property of the
                                                                     tion from third party on behalf of first                  originating law enforcement agency.
                                                                     party) will not be conducted.                             The following procedures apply to any
                                                                                                                               organization authorized temporary use
                                                                     § 635.7 Registration of sex offenders.                    of military police records:
                                                                        Soldiers who are convicted by court-                      (1) Any request from an individual
                                                                     martial for certain sexual offenses                       seeking access to military police
                                                                     must comply with all applicable state                     records will be immediately referred to
                                                                     registration requirements in effect in                    the originating law enforcement agen-
                                                                     the state in which they reside. See AR                    cy for processing.
                                                                     190–47, Chapter 14 and AR 27–10, Chap-                       (2) When the temporary purpose of
                                                                     ter 24. This is a statutory requirement                   the using organization has been satis-
                                                                     based on the Jacob Wetterling Act, and                    fied, the military police records will be
                                                                     implemented by DOD Instruction                            destroyed or returned to the origi-
                                                                     1325.7, and AR 27–10. Provost Marshals/                   nating law enforcement agency.
                                                                     Directors    of   Emergency     Services                     (3) A using organization may main-
                                                                     should coordinate with their local Staff                  tain information from military police
                                                                     Judge Advocate to determine if an in-                     records in their system of records, if
                                                                     dividual must register. The registra-                     approval is obtained from the origi-
                                                                     tion process will be completed utilizing                  nating law enforcement agency. This
                                                                     the state registration form, which is                     information may include reference to a
                                                                     available through state and local law                     military police record (for example,
                                                                     enforcement agencies. A copy of the                       MPR number or date of offense), a sum-
                                                                     completed registration form will be                       mary of information contained in the
                                                                     maintained in the installation Provost                    record, or the entire military police
                                                                     Marshal Office/Directorate of Emer-                       record. When a user includes a military
                                                                     gency Services. Additionally, a Mili-                     police record in its system of records,
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                                                                     tary Police Report (DA Form 3975) will                    the originating law enforcement agen-
                                                                     be completed as an information entry                      cy may delete portions from that

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                                                                     § 635.9                                                                32 CFR Ch. V (7–1–08 Edition)

                                                                     record to protect special investigative                   mation are contained in AR 20–1, AR
                                                                     techniques, maintain confidentiality,                     27–20, AR 27–40, AR 40–66, AR 195–2, AR
                                                                     preclude compromise of an investiga-                      360–1, and AR 600–85. Installation drug
                                                                     tion, and protect other law enforce-                      and alcohol offices may be provided an
                                                                     ment interests.                                           extract of DA Form 3997 (Military Po-
                                                                                                                               lice Desk Blotter) for offenses involv-
                                                                     § 635.9 Guidelines for disclosure with-                   ing the use of alcohol or drugs (for ex-
                                                                          in DOD.                                              ample, drunk driving, drunk and dis-
                                                                        (a) Criminal record information con-                   orderly conduct, or positive urinalysis)
                                                                     tained in military police documents                       or illegal use of drugs.
                                                                     will not be disseminated unless there is                    (b) Installation Provost Marshals/Di-
                                                                     a clearly demonstrated official need to                   rectors of Emergency Services are the
                                                                     know. A demonstrated official need to                     release authorities for military police
                                                                     know exists when the record is nec-                       records under their control. They may
                                                                     essary to accomplish a function that is                   release criminal record information to
                                                                     within the responsibility of the re-                      other activities as prescribed in AR 25–
                                                                     questing activity or individual, is pre-                  55 and AR 340–21, and this part.
                                                                     scribed by statute, DOD directive, reg-                     (c) Authority to deny access to crimi-
                                                                     ulation, or instruction, or by Army                       nal records information rests with the
                                                                     regulation.                                               initial denial authority (IDA) for the
                                                                        (1) Criminal record information may                    FOIA and the access and amendment
                                                                     be disclosed to commanders or staff                       refusal authority (AARA) for Privacy
                                                                     agencies to assist in executing crimi-                    Acts cases, as addressed in AR 25–55
                                                                     nal justice functions. Only that infor-
                                                                                                                               and AR 340–21.
                                                                     mation reasonably required will be re-
                                                                     leased. Such disclosure must clearly                      § 635.11 Release of information under
                                                                     relate to a law enforcement function.                         the Freedom of Information Act
                                                                        (2) Criminal record information re-                        (FOIA).
                                                                     lated to subjects of criminal justice
                                                                                                                                 (a) The release and denial authorities
                                                                     disposition will be released when re-
                                                                     quired for security clearance proce-                      for all FOIA cases concerning military
                                                                     dures.                                                    police records include Provost Mar-
                                                                        (3) Criminal record information may                    shals/Directors of Emergency Services
                                                                     be released to an activity when mat-                      and the Commander, USACIDC. Au-
                                                                     ters of national security are involved.                   thority to act on behalf of the Com-
                                                                        (4) When an individual informs an ac-                  mander, USACIDC is delegated to the
                                                                     tivity of criminal record information                     Director, USACRC.
                                                                     pertaining to them, the receiving ac-                       (b) FOIA requests from members of
                                                                     tivity may seek verification of this in-                  the press will be coordinated with the
                                                                     formation through the responsible law                     installation public affairs officer prior
                                                                     enforcement agency or may forward                         to release of records under the control
                                                                     the request to that organization. The                     of the installation Provost Marshal/Di-
                                                                     individual must be advised by the re-                     rector of Emergency Services. When
                                                                     ceiving agency of the action being pur-                   the record is on file at the USACRC the
                                                                     sued. Law enforcement agencies will                       request must be forwarded to the Di-
                                                                     respond to such requests in the same                      rector, USACRC.
                                                                     manner as FOIA and Privacy Act cases.                       (c) Requests will be processed as pre-
                                                                        (b) Nothing in this part will be con-                  scribed in AR 25–55 and as follows:
                                                                     strued to limit the dissemination of in-                    (1) The Provost Marshal/Director of
                                                                     formation between military police, the                    Emergency Services will review re-
                                                                     USACIDC, and other law enforcement                        quested reports to determine if any
                                                                     agencies within the Army and DOD.                         portion is exempt from release. Any
                                                                                                                               discretionary decision to disclose infor-
                                                                     § 635.10 Release of information.                          mation under the FOIA should be made
                                                                        (a) Release of information from Army                   only after full and deliberate consider-
                                                                     records to agencies outside DOD will be                   ation of the institutional, commercial,
                                                                     governed by AR 25–55, AR 340–21, AR                       and personal privacy interests that
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                                                                     600–37, and this part. Procedures for re-                 could be implicated by disclosure of
                                                                     lease of certain other records and infor-                 the information.

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                                                                     Department of the Army, DoD                                                                         § 635.13

                                                                       (2) Statutory and policy questions                      referred to the appropriate agency for
                                                                     will be coordinated with the local staff                  response.
                                                                     judge advocate.
                                                                       (3) Coordination will be completed                      § 635.12 Release of information under
                                                                     with the local USACIDC activity to en-                         the Privacy Act of 1974.
                                                                     sure that the release will not interfere                     (a) Military police records may be re-
                                                                     with a criminal investigation in                          leased according to provisions of the
                                                                     progress or affect final disposition of                   Privacy Act of 1974, as implemented by
                                                                     an investigation.                                         AR 340–21 and this part.
                                                                       (4) If it is determined that a portion                     (b) The release and denial authorities
                                                                     of the report, or the report in its en-                   for all Privacy Act cases concerning
                                                                     tirety will not be released, the request                  military police records are provided in
                                                                     to include a copy of the MPR or other                     § 635.10 of this part.
                                                                     military police records will be for-                         (c) Privacy Act requests for access to
                                                                     warded to the Director, USACRC,                           a record, when the requester is the sub-
                                                                     ATTN: CICR–FP, 6010 6th Street, Fort                      ject of that record, will be processed as
                                                                     Belvoir, VA 22060–5585. The requester                     prescribed in AR 340–21.
                                                                     will be informed that their request has
                                                                     been sent to the Director, USACRC,                        § 635.13 Amendment of records.
                                                                     and provided the mailing address for                         (a) Policy. An amendment of records
                                                                     the USACRC. When forwarding FOIA                          is appropriate when such records are
                                                                     requests, the outside of the envelope                     established as being inaccurate, irrele-
                                                                     will be clearly marked ‘‘FOIA RE-                         vant, untimely, or incomplete. Amend-
                                                                     QUEST.’’                                                  ment procedures are not intended to
                                                                       (5) A partial release of information                    permit challenging an event that actu-
                                                                     by a Provost Marshal/Director of Emer-                    ally occurred. For example, a request
                                                                     gency Services is permissible when par-                   to remove an individual’s name as the
                                                                     tial information is acceptable to the                     subject of an MPR would be proper pro-
                                                                     requester. (An example would be the                       viding credible evidence was presented
                                                                     deletion of a third party’s social secu-                  to substantiate that a criminal offense
                                                                     rity number, home address, and tele-                      was not committed or did not occur as
                                                                     phone number, as permitted by law). If                    reported. Expungement of a subject’s
                                                                     the requester agrees to the omission of                   name from a record because the com-
                                                                     exempt information, such cases do not                     mander took no action or the pros-
                                                                     constitute a denial. If the requester in-                 ecutor elected not to prosecute nor-
                                                                     sists on the entire report, a copy of the                 mally will not be approved. In compli-
                                                                     report and the request for release will                   ance with DOD policy, an individual
                                                                     be forwarded to the Director, USACRC.                     will still remain entered in the Defense
                                                                     There is no requirement to coordinate                     Clearance Investigations Index (DCII)
                                                                     such referrals at the installation level.                 to track all reports of investigation.
                                                                     The request will simply be forwarded                         (b) Procedures. (1) Installation Pro-
                                                                     to the Director, USACRC for action.                       vost Marshals/Directors of Emergency
                                                                       (6) Requests for military police                        Services will review amendment re-
                                                                     records that have been forwarded to                       quests. Upon receipt of a request for an
                                                                     USACRC and are no longer on file at                       amendment of a military police record
                                                                     the installation Provost Marshal Of-                      that is five or less years old, the instal-
                                                                     fice/Directorate of Emergency Services                    lation Provost Marshal/Director of
                                                                     will be forwarded to the Director,                        Emergency Services will gather all rel-
                                                                     USACRC for processing.                                    evant available records at their loca-
                                                                       (7) Requests concerning USACIDC re-                     tion. The installation Provost Marshal/
                                                                     ports of investigation or USACIDC files                   Director of Emergency Services will re-
                                                                     will be referred to the Director,                         view the request and either approve the
                                                                     USACRC. In each instance, the re-                         request or forward it to the Director,
                                                                     quester will be informed of the referral                  USACRC with recommendation and ra-
                                                                     and provided the Director, USACRC ad-                     tionale for denial. In accordance with
                                                                     dress.                                                    AR 340–21, paragraph 1–7l, the Com-
                                                                       (8) Requests concerning records that                    manding General, USACIDC is the sole
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                                                                     are under the supervision of an Army                      access and amendment authority for
                                                                     activity, or other DOD agency, will be                    criminal investigation reports and

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                                                                     § 635.14                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     military police reports. Access and                         (b) Provost Marshals/Directors of
                                                                     amendment refusal authority is not                        Emergency Services will develop local
                                                                     delegable. If the decision is made to                     procedures to ensure that disclosure
                                                                     amend an MPR, a supplemental DA                           data requirements by AR 340–21 are
                                                                     Form 3975 will be prepared. The supple-                   available on request.
                                                                     mental DA Form 3975 will change infor-
                                                                     mation on the original DA Form 3975                       § 635.15 Release of law enforcement in-
                                                                     and will be mailed to the Director,                            formation furnished by foreign gov-
                                                                                                                                    ernments or international organiza-
                                                                     USACRC with the amendment request                              tions.
                                                                     from the requestor as an enclosure.
                                                                     The Director, USACRC will file the                           (a) Information furnished by foreign
                                                                     supplemental DA Form 3975 with the                        governments or international organiza-
                                                                     original MPR and notify the requestor                     tions is subject to disclosure, unless ex-
                                                                     of the amendment of the MPR.                              empted by AR 25–55, AR 340–21, federal
                                                                       (2) Requests to amend military police                   statutes or executive orders.
                                                                     documents that are older than five                           (b) Information may be received from
                                                                     years will be coordinated through the                     a foreign source under an express
                                                                     Director, USACRC. The installation                        pledge of confidentiality as described
                                                                     Provost Marshal/Director of Emer-                         in AR 25–55 and AR 340–21 (or under an
                                                                     gency Services will provide the Direc-                    implied pledge of confidentiality given
                                                                     tor, USACRC a copy of an individual’s                     prior to September 27, 1975).
                                                                     request to amend a military police                           (1) Foreign sources will be advised of
                                                                     record on file at the USACRC. If the                      the provisions of the Privacy Act of
                                                                     Director, USACRC receives an amend-                       1974, the FOIA, and the general and
                                                                     ment request, the correspondence with                     specific law enforcement exemptions
                                                                     any documentation on file at the                          available, as outlined in AR 340–21 and
                                                                     USACRC will be sent to the originating                    AR 25–55.
                                                                     Provost Marshal Office/Directorate of                        (2) Information received under an ex-
                                                                     Emergency Services. The installation                      press promise of confidentiality will be
                                                                     Provost Marshal/Director of Emer-                         annotated in the MPR or other applica-
                                                                     gency Services will review the request                    ble record.
                                                                     and either approve the request or for-                       (3) Information obtained under terms
                                                                     ward it to the Director, USACRC for                       of confidentiality must clearly aid in
                                                                     denial. A copy of the Provost Marshal/                    furthering a criminal investigation.
                                                                     Director of Emergency Services’ deci-                        (c) Denial recommendations con-
                                                                     sion must be sent to the Director,                        cerning information obtained under a
                                                                     USACRC to be filed in the USACRC                          pledge of confidentiality, like other de-
                                                                     record. If an amendment request is                        nial recommendations, will be for-
                                                                     granted, copies of the supplemental DA                    warded by the records custodian to the
                                                                     Form 3975 will be provided to each or-                    appropriate IDA or AARA per AR 25–55
                                                                     ganization, activity, or individual who                   or AR 340–21.
                                                                     received a copy of the original DA                           (d) Release of U.S. information (clas-
                                                                     Form 3975.                                                sified military information or con-
                                                                       (3) If the Provost Marshal Office/Di-                   trolled unclassified information) to for-
                                                                     rectorate of Emergency Services no                        eign governments is accomplished per
                                                                     longer exists, the request will be                        AR 380–10.
                                                                     staffed with the ACOM, ASCC or DRU
                                                                     Provost Marshal/Director of Emer-                            Subpart C—Offense Reporting
                                                                     gency Services office that had over-
                                                                     sight responsibility for the Provost                      § 635.16 General.
                                                                     Marshal Office/Directorate of Emer-                          (a) This subpart establishes policy for
                                                                     gency Services at the time the DA                         reporting founded criminal offenses by
                                                                     Form 3975 was originated.                                 Installation Management Command
                                                                                                                               (IMCOM), Army Materiel Command
                                                                     § 635.14 Accounting for military police                   (AMC)       and    Medical     Command
                                                                          record disclosure.                                   (MEDCOM) installation and ACOM,
                                                                        (a) AR 340–21 prescribes accounting                    ASCC and DRU Provost Marshal Of-
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                                                                     policies and procedures concerning the                    fices/Directorates of Emergency Serv-
                                                                     disclosure of military police records.                    ices.

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                                                                     Department of the Army, DoD                                                                         § 635.17

                                                                       (b) This subpart prescribes reporting                     (3) Document entries made into the
                                                                     procedures, which require the use of                      COPS MPRS system and other auto-
                                                                     the COPS MPRS and a systems admin-                        mated systems.
                                                                     istrator to ensure that the system is                       (4) Report information concerning in-
                                                                     properly functioning. Reporting re-                       vestigations conducted by civilian law
                                                                     quirements include—                                       enforcement agencies related to mat-
                                                                       (1) Reporting individual offenders to                   ters of concern to the U.S. Army.
                                                                     the USACRC, NCIC, CJIS, and the                             (5) Advise commanders and super-
                                                                     DOD.                                                      visors of offenses and incidents involv-
                                                                       (2) Crime reports to the DOD. DOD col-                  ing personnel or property associated
                                                                     lects data from all the Services uti-                     with their command or functional re-
                                                                     lizing the Defense Incident-Based Re-                     sponsibility.
                                                                     porting System (DIBRS). The Army in-                        (6) Report information developed by
                                                                     puts its data into DIBRS utilizing                        commanders investigating incidents or
                                                                     COPS. Any data reported to DIBRS is                       conducting inspections that result in
                                                                     only as good as the data reported into                    the disclosure of evidence that a crimi-
                                                                     COPS, so the need for accuracy in re-                     nal offense has been committed.
                                                                     porting incidents and utilizing proper                      (b) Special use. The DA Form 3975 will
                                                                     offense codes is great. DIBRS data                        be used to—
                                                                     from DOD is eventually sent to the De-                      (1) Transmit completed DA Form 3946
                                                                     partment of Justice’s National Inci-                      (Military Police Traffic Accident Re-
                                                                     dent-Based Reporting System (NIBRS).                      port). This will include statements,
                                                                     The data is eventually incorporated                       sketches, or photographs that are sent
                                                                     into the Uniform Crime Report.                            to a commander or other authorized of-
                                                                       (c) A Provost Marshal Office/Direc-                     ficial.
                                                                     torate of Emergency Services initi-                         (2) Transmit the DD Form 1805 (U.S
                                                                     ating a DA Form 3975 or other military                    District Court Violation Notice) when
                                                                     police investigation has reporting re-                    required by local installation or U.S.
                                                                     sponsibility explained throughout this                    Magistrate Court policy. The DA Form
                                                                     subpart and this part in general.                         3975 is used to advise commanders or
                                                                       (d) In the event the Provost Marshal                    supervisors that military, civilian, or
                                                                     Office/Directorate of Emergency Serv-                     contract personnel have been cited on a
                                                                     ices determines that their office does                    DD Form 1805.
                                                                     not have investigative responsibility or                    (3) Match individual subjects with in-
                                                                     authority, the MPR will be terminated                     dividual victims or witnesses, and
                                                                     and the case cleared by exceptional                       founded criminal offenses. This is a
                                                                     clearance. A case cleared by excep-                       federal statutory requirement. This is
                                                                     tional clearance is closed by the Pro-                    done using the relationships tab within
                                                                     vost Marshal/Director of Emergency                        COPS MPRS.
                                                                     Services when no additional investiga-                      (4) Document victim/witness liaison
                                                                     tive activity will be performed or the                    activity.
                                                                     case is referred to another agency. If a                    (c) Distribution. The DA Form 3975
                                                                     case is transferred to the Provost Mar-                   will be prepared in three copies, signed
                                                                     shal/Director of Emergency Services                       by the Provost Marshal/Director of
                                                                     from another law enforcement inves-                       Emergency Services or a designated
                                                                     tigation agency the Provost Marshal                       representative, and distributed as fol-
                                                                     Office/Directorate of Emergency Serv-                     lows—
                                                                     ices will have all reporting responsi-                      (1) Original to USACRC. Further in-
                                                                     bility using the COPS MPRS system.                        formation, arising or developed at a
                                                                                                                               later time, will be forwarded to
                                                                     § 635.17 Military Police Report.                          USACRC using a supplemental DA
                                                                        (a) General Use. DA form 3975 is a                     Form 3975. Reports submitted to
                                                                     multipurpose form used to—                                USACRC will include a good, legible
                                                                        (1) Record all information or com-                     copy of all statements, photographs,
                                                                     plaints received or observed by mili-                     sketches, laboratory reports, and other
                                                                     tary police.                                              information that substantiates the of-
                                                                        (2) Serve as a record of all military                  fense or facilitates the understanding
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                                                                     police and military police investigator                   of the report. The USACRC control
                                                                     activity.                                                 number must be recorded on every DA

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                                                                     § 635.18                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     Form 3975 sent to the USACRC. A re-                       organization about which credible in-
                                                                     port will not be delayed for adjudica-                    formation exists that would cause a
                                                                     tion or commander’s action beyond 45                      trained law enforcement officer to pre-
                                                                     days.                                                     sume that the person, corporation,
                                                                       (2) One copy retained in the Provost                    other legal entity or organization may
                                                                     Marshal/Director of Emergency Serv-                       have committed a criminal offense.
                                                                     ices’ files.                                                (c) When investigative activity iden-
                                                                       (3) One copy forwarded through the                      tifies a subject, all facts of the case
                                                                     field grade commander to the imme-                        must be considered. When a person,
                                                                     diate commander of each subject or or-                    corporation, or other legal entity is en-
                                                                     ganization involved in an offense.                        tered in the subject block of the DA
                                                                       (d) Changing reports for unfounded of-                  Form 3975, their identity is recorded in
                                                                     fenses. If an offense is determined to be                 DA automated systems and the DCII.
                                                                     unfounded, after the case has been for-                   Once entered into the DCII, the record
                                                                     warded to USACRC, the following ac-                       can only be removed in cases of mis-
                                                                     tions will be completed:                                  taken identity or if an error was made
                                                                       (1) A supplemental DA Form 3975,                        in applying the credible information
                                                                     using the same MPR number and                             standard at the time of listing the enti-
                                                                     USACRC control number will be sub-                        ty as a subject of the report. It is em-
                                                                     mitted stating the facts of the subse-                    phasized that the credible information
                                                                     quent investigation and that the case                     error must occur at the time of listing
                                                                     is unfounded.                                             the entity as the subject of the MPR
                                                                       (2) A copy of the supplemental DA                       rather than subsequent investigation
                                                                     Form 3975 will be provided to those                       determining that the MPR is un-
                                                                     agencies or activities that received a                    founded. This policy is consistent with
                                                                     copy of the completed DA Form 3975 at                     DOD reporting requirements. The Di-
                                                                     the time of submission to USACRC and                      rector, USACRC enters individuals
                                                                     to the commander for action.                              from DA Form 3975 into the DCII.
                                                                     § 635.18 Identifying criminal incidents
                                                                          and subjects of investigation.                       § 635.19    Offense codes.
                                                                        (a) An incident will not be reported                     (a) The offense code describes, as
                                                                     as a founded offense unless adequately                    nearly as possible, the complaint or of-
                                                                     substantiated by police investigation.                    fense by using an alphanumeric code.
                                                                     A person or entity will be reported as                    Appendix C of AR 190–45 lists the of-
                                                                     the subject of an offense on DA Form                      fense codes that are authorized for use
                                                                     3975 when credible information exists                     within the Army. This list will be
                                                                     that the person or entity may have                        amended from time to time based on
                                                                     committed a criminal offense. The de-                     new reporting requirements mandated
                                                                     cision to title a person is an oper-                      by legislation or administrative proce-
                                                                     ational rather than a legal determina-                    dures. ACOM, ASCC, DRU commanders
                                                                     tion. The act of titling and indexing                     and installation Provost Marshals/Di-
                                                                     does not, in and of itself, connote any                   rectors of Emergency Services will be
                                                                     degree of guilt or innocence; but rath-                   notified by special letters of instruc-
                                                                     er, ensures that information in a report                  tion issued in numerical order from
                                                                     of investigation can be retrieved at                      HQDA, Office of the Provost Marshal
                                                                     some future time for law enforcement                      General (DAPM–MPD–LE) when addi-
                                                                     and security purposes. Judicial or ad-                    tions or deletions are made to the list.
                                                                     verse administrative actions will not                     The COPS MPRS module will be used
                                                                     be based solely on the listing of an in-                  for all reporting requirements.
                                                                     dividual or legal entity as a subject on                    (b) ACOM, ASCC, DRU and installa-
                                                                     DA Form 3975.                                             tions may establish local offense codes
                                                                        (b) A known subject will be reported                   in category 2 (ACOM, ASCC, DRU and
                                                                     to the USACRC when the suspected of-                      installation codes) for any offense not
                                                                     fense is punishable by confinement of                     otherwise reportable. Locally estab-
                                                                     six months or more. The COPS MPRS                         lished offense codes will not duplicate,
                                                                     will be used to track all other known                     or be used as a substitute for any of-
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                                                                     subjects. A subject can be a person,                      fense for which a code is contained for
                                                                     corporation, or other legal entity, or                    other reportable incidents. Category 2

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                                                                     Department of the Army, DoD                                                                         § 635.22

                                                                     incidents are not reported to the Direc-                  § 635.21    USACRC control numbers.
                                                                     tor, USACRC or the DOJ. If an offense
                                                                                                                                 (a) Case numbers to support report-
                                                                     occurs meeting the reporting descrip-
                                                                                                                               ing requirements will be assigned di-
                                                                     tion contained in Appendix C of AR
                                                                     190–45, that offense code takes prece-                    rectly to each installation via COPS.
                                                                     dence over the local offense code. Local                  To ensure accuracy in reporting crimi-
                                                                     offense codes may be included, but ex-                    nal incidents, USACRC control num-
                                                                     plained, in the narrative of the report                   bers will be used only one time and in
                                                                     filed with the USACRC. Use the most                       sequence. Every MPR sent to the
                                                                     descriptive offense code to report of-                    USACRC will have a USACRC control
                                                                     fenses.                                                   number reported. Violation of this pol-
                                                                        (c) Whenever local policy requires                     icy could result in significant difficul-
                                                                     the Provost Marshal/Director of Emer-                     ties in tracing reports that require cor-
                                                                     gency Services to list the subject’s pre-                 rective action.
                                                                     vious offenses on DA Form 3975, entries                     (b) If during the calendar year ACOM,
                                                                     will reflect a summary of disposition                     ASCC or DRU reassigns control num-
                                                                     for each offense, if known.                               bers from one installation to another,
                                                                                                                               HQDA, Office of the Provost Marshal
                                                                     § 635.20     Military Police Codes (MPC).                 General (DAPM–MPD–LE) will be noti-
                                                                       (a) MPCs identify individual Provost                    fied. The Director USACRC will receive
                                                                     Marshal Offices/Directorates of Emer-                     an information copy of such notifica-
                                                                     gency Services. The Director, USACRC                      tion from ACOM, ASCC or DRU’s law
                                                                     will assign MPCs to Provost Marshal                       enforcement operations office.
                                                                     Offices/Directorates    of  Emergency                       (c) USACRC control numbers will be
                                                                     Services.                                                 issued along with each newly assigned
                                                                       (b) Requests for assignment of a MPC                    MPC.
                                                                     will be included in the planning phase                      (d) When the deploying unit will be
                                                                     of military operations, exercises, or                     located in an area where there is an ex-
                                                                     missions when law enforcement oper-                       isting Provost Marshal/Director of
                                                                     ations are anticipated. The request for                   Emergency Services activity, the de-
                                                                     a MPC will be submitted as soon as cir-                   ploying unit will use the MPC number
                                                                     cumstances permit, without jeopard-                       and USACRC control numbers of the
                                                                     izing the military operation to HQDA,                     host     Provost   Marshal/Director    of
                                                                     Office of the Provost Marshal General                     Emergency Services.
                                                                     (DAPM–MPD–LE). Consistent with se-
                                                                     curity precautions, ACOM, ASCC and                        § 635.22 Reserve component, U.S. Army
                                                                     DRU will immediately inform HQDA,                             Reserve, and Army National Guard
                                                                     Office of the Provost Marshal General                         personnel.
                                                                     (DAPM–MPD–LE) when assigned or at-                          (a) When in a military duty status
                                                                     tached military police units are noti-                    pursuant to official orders (Federal sta-
                                                                     fied for mobilization, relocation, acti-                  tus for National Guard) Reserve and
                                                                     vation, or inactivation.
                                                                                                                               National Guard personnel will be re-
                                                                       (c) When a military police unit is                      ported as active duty. Otherwise they
                                                                     alerted for deployment to a location
                                                                                                                               will be reported as civilians.
                                                                     not in an existing Provost Marshal/Di-
                                                                                                                                 (b) The DA Form 3975 and DA Form
                                                                     rector of Emergency Services’ oper-
                                                                                                                               4833 will be forwarded directly to the
                                                                     ational area, the receiving ACOM,
                                                                     ASCC, DRU or combatant commander                          appropriate Regional Readiness Com-
                                                                     will request assignment of an MPC                         mand or the Soldier’s division com-
                                                                     number from HQDA, Office of the Pro-                      mander. A copy of the DA Form 3975
                                                                     vost Marshal General (DAPM–MPD–                           will also be forwarded to Chief, Army
                                                                     LE) providing the area of operations                      Reserve/Commander, United States
                                                                     does not have an existing MPC number.                     Army Reserve Command, AFRC–JAM,
                                                                     The receiving ACOM, ASCC, DRU or                          1404 Deshler Street, Fort McPherson,
                                                                     Unified Combatant Commander is fur-                       GA 30330. The forwarding correspond-
                                                                     ther responsible for establishing an                      ence will reflect this regulation as the
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                                                                     operational COPS system for the de-                       authority to request disposition of the
                                                                     ployment.                                                 individual.

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                                                                     § 635.23                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     § 635.23 DA Form 4833 (Commander’s                        requirements (e.g., submitting finger-
                                                                         Report of Disciplinary or Adminis-                    print cards to the FBI).
                                                                         trative Action).                                        (d) Procedures when subjects are reas-
                                                                       (a) Use. DA Form 4833 is used with                      signed. When the subject of an offense
                                                                     DA Form 3975 to—                                          is reassigned, the Provost Marshal/Di-
                                                                       (1) Record actions taken against                        rector of Emergency Services will for-
                                                                     identified offenders.                                     ward the DA Form 3975, DA Form 4833,
                                                                       (2) Report the disposition of offenses                  and all pertinent attachments to the
                                                                     investigated by civilian law enforce-                     gaining installation Provost Marshal/
                                                                     ment agencies.                                            Director of Emergency Services who
                                                                       (b) Preparation by the Provost Marshal/                 must ensure that the new commander
                                                                     Director of Emergency Services. The in-                   completes the document. Copies of the
                                                                     stallation Provost Marshal/Director of                    documents may be made and retained
                                                                     Emergency Services initiates this crit-                   by the processing Provost Marshal Of-
                                                                     ical document and is responsible for its                  fice/Directorate of Emergency Services
                                                                     distribution and establishing a sus-                      before returning the documents to the
                                                                     pense system to ensure timely response                    losing installation Provost Marshal/Di-
                                                                     by commanders. Disposition reports                        rector of Emergency Services for com-
                                                                     are part of the reporting requirements                    pletion of automated entries and re-
                                                                     within DA, DOD, and DOJ.                                  quired reports.
                                                                       (c) Completion by the unit commander.                     (e) Report on subjects assigned to other
                                                                     Company, troop, and battery level                         installations. When the DA Form 3975
                                                                     commanders are responsible and ac-                        involves a subject who is assigned to
                                                                     countable for completing DA Form 4833                     another installation, the initiating
                                                                     with supporting documentation in all                      Provost Marshal/Director of Emer-
                                                                     cases investigated by MPI, civilian de-                   gency Services will forward the origi-
                                                                     tectives employed by the Department                       nal and two copies of DA Form 4833 to
                                                                     of the Army, and the PMO. The Bat-                        the Provost Marshal/Director of Emer-
                                                                     talion Commander or the first Lieuten-                    gency Services of the installation
                                                                     ant Colonel in the chain of command is
                                                                                                                               where the soldier is permanently as-
                                                                     responsible and accountable for com-
                                                                                                                               signed. The procedures in paragraph (d)
                                                                     pleting DA Form 4833 with support doc-
                                                                                                                               of this section will be followed for sol-
                                                                     umentation (copies of Article 15s,
                                                                     court-martial orders, reprimands, etc)                    diers assigned to other commands.
                                                                     for all USACIDC investigations. The                         (f) Offenses not reportable to USACRC.
                                                                     commander will complete the DA Form                       When the offense is not within a cat-
                                                                     4833 within 45 days of receipt.                           egory reportable to USACRC, the origi-
                                                                       (1) Appropriate blocks will be                          nal DA Form 4833 is retained by the
                                                                     checked and blanks annotated to indi-                     Provost Marshal/Director of Emer-
                                                                     cate the following:                                       gency Services. Otherwise, the original
                                                                       (i) Action taken (for example, judi-                    is sent to the Director, USACRC for fil-
                                                                     cial, nonjudicial, or administrative). In                 ing with the MPR.
                                                                     the event the commander takes action                        (g) Civilian court proceedings. If a sol-
                                                                     against the soldier for an offense other                  dier is tried in a civilian court, and the
                                                                     than the one listed on the DA Form                        Provost Marshal/Director of Emer-
                                                                     3975, the revised charge or offense will                  gency Services has initiated a MPR,
                                                                     be specified in the REMARKS section                       the Provost Marshal/Director of Emer-
                                                                     of the DA Form 4833.                                      gency Services must track the civilian
                                                                       (ii) Sentence, punishment, or admin-                    trial and report the disposition on DA
                                                                     istrative action imposed.                                 Form 4833 as appropriate. That portion
                                                                       (iii) Should the commander take no                      of the signature block of DA Form 4833
                                                                     action, the DA Form 4833 must be an-                      that contains the word ‘‘Commanding’’
                                                                     notated to reflect that fact.                             will be deleted and the word ‘‘Report-
                                                                       (2) If the commander cannot com-                        ing’’ substituted. The Provost Marshal/
                                                                     plete the DA Form 4833 within 45 days,                    Director of Emergency Services or
                                                                     a written memorandum is required to                       other designated person will sign DA
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                                                                     explain the circumstances. The delay                      Form 4833 before forwarding it to
                                                                     will have an impact on other reporting                    USACRC.

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                                                                     Department of the Army, DoD                                                                         § 635.25

                                                                       (h) Dissemination to other agencies. A                  § 635.25 Submission of criminal history
                                                                     copy of the completed DA Form 4833 re-                        data to the CJIS.
                                                                     flecting offender disposition will also                     (a) General. This paragraph estab-
                                                                     be provided to those agencies or offices                  lishes procedures for submitting crimi-
                                                                     that originally received a copy of DA                     nal history data (fingerprint cards) to
                                                                     Form 3975 when evidence is involved.                      CJIS when the Provost Marshal/Direc-
                                                                     The evidence custodian will also be in-                   tor of Emergency Services has com-
                                                                     formed of the disposition of the case.                    pleted a criminal inquiry or investiga-
                                                                     Action may then be initiated for final                    tion. The policy only applies to mem-
                                                                     disposition of evidence retained for the                  bers of the Armed Forces and will be
                                                                     case now completed.                                       followed when a military member has
                                                                       (i) Review of offender disposition by the               been read charges and the commander
                                                                     Provost Marshal/Director of Emergency                     initiates proceedings for—
                                                                     Services. On receipt of DA Form 4833 re-                    (1) Field Grade Article 15, Uniform Code
                                                                     flecting no action taken, the Provost                     of Military Justice. Initiation refers to a
                                                                     Marshal/Director of Emergency Serv-                       commander completing action to im-
                                                                     ices will review the MPR. The review                      pose non-judicial punishment. Final
                                                                     will include, but is not limited to the                   disposition shall be action on appeal by
                                                                     following—                                                the next superior authority, expiration
                                                                       (1) Determination of the adequacy of                    of the time limit to file an appeal, or
                                                                     supporting documentation.                                 the date the military member indicates
                                                                       (2) Whether or not coordination with                    that an appeal will not be submitted.
                                                                     the supporting Staff Judge Advocate                         (2) A special or general courts-martial.
                                                                     should have been sought prior to dis-                     Initiation refers to the referral of
                                                                     patch of the report to the commander                      court-martial charges to a specified
                                                                     for action.                                               court by the convening authority or re-
                                                                       (3) Identification of functions that                    ceipt by the commander of an accused
                                                                     warrant additional training of military                   soldier’s request for discharge in lieu of
                                                                     police or security personnel (for exam-                   court-martial. Final disposition of
                                                                     ple, search and seizure, evidence han-                    military judicial proceedings shall be
                                                                     dling, or rights warning).                                action by the convening authority on
                                                                                                                               the findings and sentence, or final ap-
                                                                       (j) Offender disposition summary re-
                                                                                                                               proval of a discharge in lieu of court-
                                                                     ports. Provost Marshals/Directors of
                                                                                                                               martial. The procedures in this subpart
                                                                     Emergency Services will provide the
                                                                                                                               meet administrative and technical re-
                                                                     supported commander (normally, the
                                                                                                                               quirements for submitting fingerprint
                                                                     general courts-martial convening au-                      cards and criminal history information
                                                                     thority or other persons designated by                    to CJIS. No variances are authorized.
                                                                     such authority) summary data of of-                       Results of summary court-martial will
                                                                     fender disposition as required or appro-                  not be reported to the FBI.
                                                                     priate. Offender disposition summary                        (3) DA Form 4833. In instances where
                                                                     data will reflect identified offenders on                 final action is taken by a magistrate,
                                                                     whom final disposition has been re-                       the Provost Marshal/Director of Emer-
                                                                     ported. These data will be provided in                    gency Services will complete the DA
                                                                     the format and at the frequency speci-                    Form 4833.
                                                                     fied by the supported commander.                            (4) Fingerprint cards. Provost Marshal
                                                                                                                               Offices/Directorates      of   Emergency
                                                                     § 635.24     Updating the COPS MPRS.
                                                                                                                               Services will submit fingerprint cards
                                                                       Installation Provost Marshals/Direc-                    on subjects apprehended as a result of
                                                                     tors of Emergency Services will estab-                    Drug Suppression Team investigations
                                                                     lish standard operating procedures to                     and operations unless the USACIDC is
                                                                     ensure that every founded offense is re-                  completing the investigative activity
                                                                     ported into the COPS MPRS. Timely                         for a felony offense. In those cases, the
                                                                     and accurate reporting is critical. If a                  USACIDC will complete the fingerprint
                                                                     case remains open, changes will be                        report process.
                                                                     made as appropriate. This includes re-                      (b) Procedures. The following proce-
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                                                                     porting additional witnesses and all as-                  dures must be followed when submit-
                                                                     pects of the criminal report.                             ting criminal history data to CJIS.

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                                                                     § 635.26                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                        (1) Standard FBI fingerprint cards                     position showing the nature and char-
                                                                     will be used to submit criminal history                   acter of the discharge in unabbreviated
                                                                     data to CJIS. FBI Form FD 249, (Sus-                      English (e.g., resignation in lieu of
                                                                     pect Fingerprint Card) will be used                       court-martial; other than honorable
                                                                     when a military member is a suspect or                    discharge) and will also be forwarded to
                                                                     placed under apprehension for an of-                      USACRC.
                                                                     fense listed in Appendix D of AR 190–45.                    (4) If the commander provides the DA
                                                                     Two FD 249s will be completed. One                        Form 4833 after the 60th day, a letter of
                                                                     will be retained in the Provost Mar-                      transmittal will be prepared by the
                                                                     shal/Director of Emergency Services                       Provost Marshal/Director of Emer-
                                                                     file. The second will be sent to the Di-                  gency Services forwarding the FBI
                                                                     rector, USACRC and processed with the                     (DOJ) R–84 with the DA Form 4833 to
                                                                     MPR as prescribed in this subpart. A                      the USACRC within 5 days after dis-
                                                                     third set of prints will also be taken on                 position. Submission of fingerprint
                                                                     the FBI Department of Justice (DOJ)                       cards shall not be delayed pending ap-
                                                                     Form R–84 (Final Disposition Report).                     pellate actions. Dispositions that are
                                                                     The R–84 requires completion of the                       exculpatory (e.g., dismissal of charges,
                                                                     disposition portion and entering of the                   acquittal) shall also be filed.
                                                                     offenses on which the commander took                        (5) The procedures for submitting fin-
                                                                     action. Installation Provost Marshals/                    gerprint cards will remain in effect
                                                                     Directors of Emergency Services are                       until automated systems are in place
                                                                     authorized to requisition the finger-                     for submission of fingerprints elec-
                                                                     print cards by writing to FBI, J. Edgar                   tronically.
                                                                     Hoover Building, Personnel Division,
                                                                     Printing Unit, Room lB973, 925 Penn-                      § 635.26 Procedures for reporting Ab-
                                                                     sylvania Ave., NW., Washington, DC                            sence Without Leave (AWOL) and
                                                                     20535–0001.                                                   desertion offenses.
                                                                        (2) Fingerprint cards will be sub-
                                                                                                                                 (a) AWOL reporting procedures. (1) The
                                                                     mitted with the MPR to the Director,
                                                                                                                               commander will notify the installation
                                                                     USACRC, ATTN: CICR–CR, 6010 6th
                                                                                                                               Provost Marshal/Director of Emer-
                                                                     Street, Fort Belvoir, VA 22060–5585 only
                                                                                                                               gency Services in writing within 24
                                                                     when the commander has initiated ju-
                                                                                                                               hours after a soldier has been reported
                                                                     dicial or nonjudicial action amounting
                                                                                                                               AWOL.
                                                                     to a Field Grade Article 15 or greater.
                                                                     The Director, CRC will forward the fin-                     (2) The Provost Marshal/Director of
                                                                     gerprint card to CJIS. The USACRC is                      Emergency Services will initiate an in-
                                                                     used as the central repository for                        formation blotter entry.
                                                                     criminal history information in the                         (3) If the AWOL soldier surrenders to
                                                                     Army. They also respond to inquiries                      the parent unit or returns to military
                                                                     from CJIS, local, state and other fed-                    control at another installation, the
                                                                     eral law enforcement agencies.                            provisions of AR 630–10 will be fol-
                                                                        (3) Submission of the MPR with the                     lowed.
                                                                     FD 249 to USACRC will normally occur                        (4) On receipt of written notification
                                                                     upon a commander’s initiation of judi-                    of the AWOL soldier’s return or upon
                                                                     cial or nonjudicial proceedings against                   apprehension, the Provost Marshal/Di-
                                                                     a military member. If final disposition                   rector of Emergency Services will ini-
                                                                     of the proceeding is anticipated within                   tiate a reference blotter entry indi-
                                                                     60 days of command initiation of judi-                    cating the soldier’s return to military
                                                                     cial or nonjudicial proceedings, the FD                   control and will prepare an initial DA
                                                                     249 may be held and final disposition                     Form 3975, reflecting the total period
                                                                     recorded on FD 249. Provost Marshals/                     of unauthorized absence, and the DA
                                                                     Directors of Emergency Services and                       Form 4833. Both of these documents
                                                                     commanders must make every effort to                      will be forwarded through the field
                                                                     comply with the 60 days reporting re-                     grade commander to the unit com-
                                                                     quirement to ensure that the FD Form                      mander.
                                                                     249 is used as the primary document to                      (5) The unit commander will report
                                                                     submit criminal history to CJIS. Ap-                      action taken on the DA Form 4833 no
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                                                                     proval of a discharge in lieu of court-                   later than the assigned suspense date
                                                                     martial will be recorded as a final dis-                  or provide a written memorandum to

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                                                                     Department of the Army, DoD                                                                         § 635.27

                                                                     the Provost Marshal/Director of Emer-                       (iii) An MPR number and a USACRC
                                                                     gency Services explaining the delay.                      control number will be assigned to the
                                                                       (6) An original DD Form 460 (Provi-                     case and be included in the remarks
                                                                     sional Pass) is issued to the soldier to                  section of the DD Form 553.
                                                                     facilitate their return to the parent                       (iv) The DD Form 553 must be re-
                                                                     unit. DD Form 460 will not be required                    turned to the unit commander within
                                                                     if the Provost Marshal/Director of                        24 hours.
                                                                     Emergency Services elects to return                         (v) If the deserter surrenders to or is
                                                                     the soldier through a different means.                    apprehended by the parent installation
                                                                       (7) If the soldier is apprehended at or                 Provost Marshal/Director of Emer-
                                                                     returns to an installation other than                     gency Services, the Provost Marshal/
                                                                     his or her parent installation DA Form                    Director of Emergency Services will
                                                                     3975 and 4833 with a copy of DD Form                      telephonically verify the deserter’s sta-
                                                                     460 will be sent to the parent installa-                  tus with the U.S. Army Deserter Infor-
                                                                     tion Provost Marshal/Director of Emer-                    mation Point (USADIP). A reference
                                                                     gency Services. The parent installation                   blotter entry will be completed chang-
                                                                     Provost Marshal/Director of Emer-                         ing the soldier’s status from desertion
                                                                     gency Services will initiate an infor-                    to return to military control.
                                                                     mation blotter entry reflecting the                         (vi) If the deserter surrenders to or is
                                                                     AWOL soldiers return to military con-                     apprehended by an installation not the
                                                                     trol. A DA Form 3975 and 4833 with an                     parent installation, the Provost Mar-
                                                                     appropriate suspense will be sent                         shal/Director of Emergency Services
                                                                     through the field grade commander to                      will telephonically verify the deserter’s
                                                                     the unit commander. On return of the                      status with USADIP. An information
                                                                     completed DA Form 4833 from the unit                      military police report will be prepared,
                                                                     commander, the original and one copy                      utilizing the CRC number from the
                                                                     will be sent to the apprehending Pro-                     original military police report pre-
                                                                     vost Marshal/Director of Emergency                        pared by the parent installation. A
                                                                     Services. The parent installation Pro-                    blotter entry will also be prepared.
                                                                     vost Marshal/Director of Emergency                          (vii) A DD Form 616 (Report of Re-
                                                                     Services may retain a copy of DA Form                     turn of Absentee) will be completed
                                                                     3975 and DA Form 4833.                                    when deserters are apprehended or sur-
                                                                       (b) Desertion reporting procedures. (1)                 render to military authority. The
                                                                     The unit commander must comply with                       USACRC control number assigned to
                                                                     the provisions of AR 630–10 when re-                      the DD Form 553 will be included in the
                                                                     porting a soldier as a deserter.                          remarks section of the DD Form 616.
                                                                       (2) On receipt of the DD Form 553                         (viii) Upon return of the deserter to
                                                                     (Deserter/Absentee Wanted by the                          military control, DA Forms 3975, 2804
                                                                     Armed Forces), the Provost Marshal/                       (Crime Records Data), fingerprint card
                                                                     Director of Emergency Services will—                      and 4833 will be initiated. The MPR
                                                                       (i) Initiate a DA Form 3975 and a                       number and USACRC control number
                                                                     blotter entry reflecting the soldier’s                    will be recorded on all four forms.
                                                                     desertion status.                                           (ix) The original DA Form 3975 and
                                                                       (ii) Complete portions of DD Form                       other pertinent documents will be sent
                                                                     553 concerning the soldier’s driver’s li-                 to the Director, USACRC. The DA
                                                                     cense and vehicle identification. In the                  Form 4833 must include the com-
                                                                     remarks section, add other information                    mander’s action taken, to include the
                                                                     known about the soldier such as con-                      Commander, Personnel Control Facil-
                                                                     firmed or suspected drug abuse; history                   ity, or other commander who takes ac-
                                                                     of violent acts; history of escapes; at-                  tion based on the desertion charge.
                                                                     tempted escapes from custody; suicidal
                                                                     tendencies; suspicion of involvement in                   § 635.27 Vehicle Registration System.
                                                                     crimes of violence (for which a charge                       The Vehicle Registration System
                                                                     sheet has been prepared and for-                          (VRS) is a module within COPS. Use of
                                                                     warded); history of unauthorized ab-                      VRS to register vehicles authorized ac-
                                                                     sences; and any other information use-                    cess to Army installations is mandated
                                                                     ful in the apprehension process or es-                    in AR 190–5. Within VRS there are var-
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                                                                     sential to protect the deserter or ap-                    ious tabs for registration of vehicles
                                                                     prehending authorities.                                   authorized access to an installation, to

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                                                                     § 635.28                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     include personal data on the owner of                     fying information, such as a generic
                                                                     the vehicle. There are also tabs for reg-                 identifier. An entry will not be made in
                                                                     istering weapons, bicycles, and pets.                     the blotter. Restricted reporting inci-
                                                                     Information on individuals barred                         dents are not reportable as Serious In-
                                                                     entry to an installation is also main-                    cident Reports. Property and the evi-
                                                                     tained within VRS.                                        dence kit will be stored for one year
                                                                                                                               and then scheduled/suspensed for de-
                                                                     § 635.28 Procedures for restricted/un-                    struction, unless earlier released to in-
                                                                         restricted reporting in sexual as-
                                                                         sault cases.                                          vestigative authorities in accordance
                                                                                                                               with the victim’s decision to pursue
                                                                       Active duty Soldiers, and Army Na-                      unrestricted reporting. Thirty days
                                                                     tional Guard and U.S. Army Reserve                        prior to destruction of the property, a
                                                                     Soldiers who are subject to military ju-
                                                                                                                               letter will be sent to the SARC by the
                                                                     risdiction under the UCMJ, can elect
                                                                                                                               Provost Marshal/Director of Emer-
                                                                     either restricted or unrestricted re-
                                                                                                                               gency Services, advising the SARC
                                                                     porting if they are the victim of a sex-
                                                                     ual assault.                                              that the property will be destroyed in
                                                                       (a)   Unrestricted  reporting.   Unre-                  thirty days, unless law enforcement
                                                                     stricted reporting requires normal law                    personnel are notified by the SARC
                                                                     enforcement reporting and investiga-                      that the victim has elected unre-
                                                                     tive procedures.                                          stricted reporting. Clothing, the evi-
                                                                       (b) Restricted reporting requires that                  dence kit, or other personal effects
                                                                     law enforcement and criminal inves-                       may be released to the SARC for return
                                                                     tigative organizations not be informed                    to the victim. The information report
                                                                     of a victim’s identity and not initiate                   will be updated when the evidence is
                                                                     investigative procedures. The victim                      destroyed, or released to investigative
                                                                     may allow Sexual Assault Response Co-                     authorities.
                                                                     ordinators (SARC), health care pro-                         (d) In the event that information
                                                                     viders (HCP), or chaplains to collect                     about a sexual assault that was made
                                                                     specific items (clothing, bedding, etc.)                  under restricted reporting is disclosed
                                                                     that may be later used as evidence,                       to the commander from a source inde-
                                                                     should the victim later decide to report                  pendent of the restricted reporting ave-
                                                                     the incident to law enforcement. In                       nues or to law enforcement from other
                                                                     sexual assault cases additional forensic                  sources, but from a source other than
                                                                     evidence may be collected using the                       the SARC, HCP, chaplain, or Provost
                                                                     ‘‘Sexual Assault Evidence Collection                      Marshal/Director of Emergency Serv-
                                                                     Kit,’’ NSN 6640–01–423–9132, or a suit-                   ices, the commander may report the
                                                                     able substitute (hereafter, ‘‘evidence                    matter to law enforcement and law en-
                                                                     kit’’). The evidence kit, other items                     forcement remains authorized to ini-
                                                                     such as clothing or bedding sheets, and                   tiate its own independent investigation
                                                                     any other articles provided by the                        of the matter presented. Additionally,
                                                                     HCP, SARC, or chaplain will be stored                     a victim’s disclosure of his/her sexual
                                                                     in the installation Provost Marshal/Di-
                                                                                                                               assault to persons outside the protec-
                                                                     rectorate of Emergency Services’ evi-
                                                                                                                               tive sphere of the persons covered by
                                                                     dence room separate from other evi-
                                                                                                                               the restricted reporting policy may re-
                                                                     dence and property. Procedures for
                                                                                                                               sult in an investigation of the allega-
                                                                     handling evidence specified in AR 195–5,
                                                                     Evidence Procedures, will be strictly                     tions.
                                                                     followed.
                                                                                                                               § 635.29 Domestic violence and protec-
                                                                       (c) Installation Provost Marshals/Di-                       tion orders.
                                                                     rectors of Emergency Services will
                                                                     complete an information report in                           (a) Responding to incidents of spouse
                                                                     COPS for restricted reporting. Reports                    abuse requires a coordinated effort by
                                                                     will be completed utilizing the offense                   law enforcement, medical, and social
                                                                     code from the 6Z series. An entry will                    work personnel, to include sharing in-
                                                                     be made in the journal when the evi-                      formation and records as permitted by
                                                                     dence kit or property (clothing, bed-                     law and regulation. AR 608–18 contains
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                                                                     ding, etc.) is received. The journal                      additional information about domestic
                                                                     entry will be listed using non-identi-                    violence and protective orders.

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                                                                     Department of the Army, DoD                                                                         § 635.30

                                                                       (b) Appendix C of AR 190–45 includes                    Emergency Services or other law en-
                                                                     specific offense codes for domestic vio-                  forcement officials shall seek to estab-
                                                                     lence. All domestic violence incidents                    lish formal Memoranda of Under-
                                                                     will be reported to the local PMO. All                    standing (MOU) with their civilian
                                                                     reported domestic violence incidents                      counterparts to establish or improve
                                                                     will be entered into MPRS, utilizing                      the flow of information between their
                                                                     DA Form 3975. These codes will be uti-                    agencies, especially in instances of do-
                                                                     lized in addition to any other offense                    mestic violence involving military per-
                                                                     code that may be appropriate for an in-                   sonnel. MOUs can be used to clarify ju-
                                                                     cident. For example, a soldier strikes                    risdictional issues for the investigation
                                                                     his or her spouse. When entering the                      of incidents, to define the mechanism
                                                                     offense data into MPRS, both the of-                      whereby local law enforcement reports
                                                                     fense code for assault (i.e., 5C2B) and                   involving active duty service members
                                                                     the offense code for spouse abuse (from                   will be forwarded to the appropriate in-
                                                                     the 5D6 series) will be entered.                          stallation law enforcement office, to
                                                                       (c) A military Protection Order is a                    encourage the local law enforcement
                                                                     written lawful order issued by a com-                     agency to refer victims of domestic vi-
                                                                     mander that orders a soldier to avoid                     olence to the installation Family Ad-
                                                                     contact with his or her spouse or chil-                   vocacy office or victim advocate, and
                                                                     dren. Violations of a military Protec-                    to foster cooperation and collaboration
                                                                     tion Order must be reported on DA                         between the installation law enforce-
                                                                     Form 3975, entered into COPS, and en-                     ment agency and local civilian agen-
                                                                     tered into NCIC. Violations of a mili-                    cies.
                                                                     tary Protection Order may be viola-                         (b) MOUs should address the fol-
                                                                     tions of Article 92, UCMJ. The com-                       lowing issues:
                                                                     mander should provide a written copy                        (1) A general statement of the pur-
                                                                     of the order within 24 hours of its                       pose of the MOU.
                                                                     issuance to the person with whom the                        (2) An explanation of jurisdictional
                                                                     member is ordered not to have contact.                    issues that affect respective respon-
                                                                     A copy should be forwarded to the in-                     sibilities to and investigating incidents
                                                                     stallation Family Advocacy Program                        occurring on and off the installation.
                                                                     Manager (FAPM), the Chief, Social                         This section should also address juris-
                                                                     Work Service, and the installation                        dictional issues when a civilian order
                                                                     military police.                                          of protection is violated on military
                                                                       (d) A civilian Protection Order is an                   property (see 10 U.S.C. 1561a).
                                                                     order issued by a judge, magistrate or                      (3) Procedures for responding to do-
                                                                     other authorized civilian official, or-                   mestic violence incidents that occur on
                                                                     dering an individual to avoid contact                     the installation involving a civilian al-
                                                                     with his or her spouse or children. Pur-                  leged offender.
                                                                     suant to the Armed Forces Domestic                          (4) Procedures for transmitting inci-
                                                                     Security Act a civilian protection                        dent/investigation reports and other
                                                                     order has the same force and effect on                    law enforcement information on do-
                                                                     a military installation as such order                     mestic violence involving active duty
                                                                     has within the jurisdiction of the court                  service members from local civilian
                                                                     that issued the order. Violations of a                    law enforcement agencies to the instal-
                                                                     civilian Protection Order must be re-                     lation law enforcement office.
                                                                     ported on DA Form 3975, entered into                        (5) Procedures for transmitting civil-
                                                                     COPS, and entered into NCIC.                              ian protection orders (CPOs) issued by
                                                                                                                               civilian courts or magistrates involv-
                                                                     § 635.30 Establishing domestic violence                   ing active duty service members from
                                                                          Memoranda of Understanding.                          local law enforcement agencies to the
                                                                        (a) Coordination between military                      installation law enforcement office.
                                                                     law enforcement personnel and local                         (6) Designation of the title of the in-
                                                                     civilian law enforcement personnel is                     stallation law enforcement recipient of
                                                                     essential to improve information shar-                    such information from the local law
                                                                     ing, especially concerning domestic vi-                   enforcement agency.
                                                                     olence investigations, arrests, and                         (7) Procedures for transmitting mili-
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                                                                     prosecutions involving military per-                      tary protection orders (MPOs) from the
                                                                     sonnel. Provost Marshals/Directors of                     installation law enforcement office to

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                                                                     § 635.31                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     the local civilian law enforcement                        record. These records are kept by the
                                                                     agency with jurisdiction over the area                    custodian of the property.
                                                                     in which the service member resides.                        (b) Lost, abandoned, or unclaimed
                                                                       (8) Designation of the title of the                     property will be kept in a room or con-
                                                                     local law enforcement agency recipient                    tainer separate from one used to store
                                                                     of domestic violence and CPO informa-                     property held as evidence. Records or
                                                                     tion from the installation law enforce-                   logs of property not held as evidence
                                                                     ment agency.                                              will be separated from those pertaining
                                                                       (9) Respective responsibilities for                     to evidence. However, all property will
                                                                     providing information to domestic vio-                    be tagged, accounted for, and receipted
                                                                     lence victims regarding installation re-                  for in a similar manner as evidence.
                                                                     sources when either the victim or the                       (c) Property that has been properly
                                                                     alleged offender is an active duty serv-                  identified through board action under
                                                                     ice member.                                               DOD 4160.21–M as having an owner will
                                                                       (10) Sharing of information and fa-                     be segregated and tagged with the
                                                                     cilities during the course of an inves-                   name of that person.
                                                                     tigation in accordance with the Pri-                        (d) Abandoned or unclaimed property
                                                                     vacy Act of 1974 (see 5 U.S.C.                            will be held until its status can be de-
                                                                     552a(b)(7)).                                              termined. In many instances, lost prop-
                                                                       (11) Regular meetings between the                       erty can be returned to the owner upon
                                                                     local civilian law enforcement agency                     presentation of proof of ownership.
                                                                     and the installation law enforcement                        (e) In all cases, a receipt should be
                                                                     office to review cases and MOU proce-                     obtained at time of release.
                                                                     dures.
                                                                                                                               Subpart D—Army Quarterly Trends
                                                                     § 635.31 Lost, abandoned, or unclaimed                          and Analysis Report
                                                                         property.
                                                                       This is personal property that comes                    § 635.32    General.
                                                                     into the possession, custody, or control                    (a) This subpart prescribes policies
                                                                     of the Army and is unclaimed by the                       and procedures for the coordination
                                                                     owner. Property is considered to be                       and standardization of crime statistics
                                                                     abandoned only after diligent effort                      reporting with HQDA. Crime statistical
                                                                     has been made to determine and locate                     reports and trends provided to HQDA
                                                                     its owner, the heir, next of kin, or legal                and other agencies and those related to
                                                                     representative. A military person who                     special interests inquiries, the media,
                                                                     is ordered overseas and is unable to dis-                 and the public must reflect uniformity
                                                                     pose of their personal property should                    in terminology, methods of presen-
                                                                     immediately notify their chain-of-com-                    tation, and statistical portrayal to pre-
                                                                     mand. The commander will appoint a                        clude misinterpretation of informa-
                                                                     board to rule on the disposition of the                   tion.
                                                                     property. If a law enforcement agency                       (b) Any report containing Army-wide
                                                                     takes custody of the property it will be                  aggregate crime data or statistics ad-
                                                                     tagged and a record made as shown in                      dressed to the Secretary of the Army,
                                                                     paragraph (a) of this section. A report                   Chief of Staff of the Army, or Vice
                                                                     will be made to the installation com-                     Chief of Staff of the Army will be co-
                                                                     mander who will take action in accord-                    ordinated and cleared with HQDA, Of-
                                                                     ance with DOD 4160.21–M, chapter 4,                       fice of the Provost Marshal General
                                                                     paragraph 40, Defense Materiel Disposi-                   (DAPM–MPD–LE). Correspondence and
                                                                     tion Manual. Pending board action                         reports will be coordinated with HQDA,
                                                                     under DOD 4160.21–M, the law enforce-                     Office of the Provost Marshal General
                                                                     ment agency having physical custody                       (DAPM–MPD–LE) prior to release to
                                                                     is responsible for the safekeeping of                     any agency, activity, or individual.
                                                                     seized property. The following proce-                       (c) HQDA staff agencies ACOM, ASCC
                                                                     dures should be used:                                     and DRU authorized by regulation or
                                                                       (a) Property will be tagged using DA                    statute to conduct independent inves-
                                                                     Form 4002 (Evidence/Property Tag) or                      tigations, audits, analyses, or inquiries
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                                                                     clearly identified by other means,                        need not coordinate reported informa-
                                                                     inventoried, and made a matter of                         tion with HQDA, Office of the Provost

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                                                                     Department of the Army, DoD                                                                         § 635.35

                                                                     Marshal General (DAPM–MPD–LE) un-                            Subpart E—Victim and Witness
                                                                     less the information contains crime                             Assistance Procedures
                                                                     data for the Army as a whole. For ex-
                                                                     ample, reports submitted by USACIDC                       § 635.34    General.
                                                                     containing only USACIDC investiga-
                                                                     tive data need not be coordinated with                      (a) This subpart implements proce-
                                                                     HQDA, Office of the Provost Marshal                       dures to provide assistance to victims
                                                                     General (DAPM–MPD–LE).                                    and witnesses of crimes that take place
                                                                                                                               on Army installations and activities.
                                                                     § 635.33     Crime rate reporting.                        The procedures in this subpart apply
                                                                                                                               to—
                                                                       (a) The USACRC is the Army’s col-
                                                                                                                                 (1) Every victim and witness.
                                                                     lection point and analytic center for
                                                                     all Army aggregate crime data. Re-                          (2) Violations of the UCMJ, including
                                                                     quests for Army-wide crime data re-                       crimes assimilated under the Assimila-
                                                                     ports will be forwarded through HQDA,                     tive Crimes Act reported to or inves-
                                                                     Office of the Provost Marshal General                     tigated by military police.
                                                                     (DAPM–MPD–LE) to the Director,                              (3) Foreign nationals employed or
                                                                     USACRC. Replies will be routed back                       visiting on an Army installation
                                                                     through HQDA Office of the Provost                        OCONUS.
                                                                     Marshal     General    (DAPM–MPD–LE)                        (b) Provost Marshal/Director of
                                                                     where they will be coordinated, as ap-                    Emergency Services personnel should
                                                                     propriate, prior to release. Requests for                 refer to AR 27–10, Chapter 18, for addi-
                                                                     USACIDC, ACOM, ASCC, DRU, or sub-                         tional policy guidance on the Army
                                                                     ordinate command specific crime data                      Victim/Witness Program.
                                                                     reports can be made directly to the
                                                                     specific command. Replies need not be                     § 635.35    Procedures.
                                                                     coordinated with HQDA.                                      (a) As required by Federal law, Army
                                                                       (b) Requests for Army aggregate                         personnel involved in the detection, in-
                                                                     crime reports are limited to data col-                    vestigation, and prosecution of crimes
                                                                     lected and accessible through the Auto-                   must ensure that victims and witnesses
                                                                     mated Criminal Investigation and In-                      rights are protected. Victim’s rights
                                                                     telligence System (ACI2) and COPS.                        include—
                                                                       (c) Routine collection of ACOM,                           (1) The right to be treated with fair-
                                                                     ASCC or DRU crime data, for use in                        ness, dignity, and a respect for privacy.
                                                                     Army-wide database, will be limited to                      (2) The right to be reasonably pro-
                                                                     that data collected by the above sys-                     tected from the accused offender.
                                                                     tems. ACOM, ASCC and DRU may de-
                                                                                                                                 (3) The right to be notified of court
                                                                     termine internal data collection re-
                                                                                                                               proceedings.
                                                                     quirements.
                                                                                                                                 (4) The right to be present at all pub-
                                                                       (d) All Provost Marshal/Director of
                                                                                                                               lic court proceedings related to the of-
                                                                     Emergency Services crime data will be
                                                                     recorded and forwarded by installa-                       fense, unless the court determines that
                                                                     tions through ACOM, ASCC or DRU                           testimony by the victim would be ma-
                                                                     using the COPS system.                                    terially affected if the victim heard
                                                                                                                               other testimony at trial, or for other
                                                                       (e) In support of the Secretary of the
                                                                                                                               good cause.
                                                                     Army and the Office of the Chief of
                                                                     Staff of the Army, the Chief, Oper-                         (5) The right to confer with the attor-
                                                                     ations Division, Office of the Provost                    ney for the Government in the case.
                                                                     Marshal General, will determine the                         (6) The right to restitution, if appro-
                                                                     requirements for routine publication of                   priate.
                                                                     Army aggregate crime statistics.                            (7) The right to information regard-
                                                                       (f) Normally, raw data will not be re-                  ing conviction, sentencing, imprison-
                                                                     leased without analysis on routine or                     ment, and release of the offender from
                                                                     non-routine requests. Comparison of                       custody.
                                                                     ACOM, ASCC or DRU crime data is                             (b) In keeping with the requirements
                                                                     generally not reported and should be                      listed in paragraph (a) of this section,
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                                                                     avoided. General categories of CONUS                      Provost Marshals/Directors of Emer-
                                                                     or OCONUS are appropriate.                                gency Services must ensure that—

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                                                                     § 635.36                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                       (1) All law enforcement personnel are                   are notified of their rights. The DA
                                                                     provided copies of DD Form 2701 (Ini-                     Form 3975 provides for the collection of
                                                                     tial Information for Victims and Wit-                     statistical information.
                                                                     nesses of Crime).                                           (b) The COPS system supports auto-
                                                                       (2) A victim witness coordinator is                     mated reporting of statistics. HQDA,
                                                                     appointed in writing.                                     Office of the Provost Marshal General
                                                                       (3) Statistics are collected and re-                    (DAPM–PD–LE) as the program man-
                                                                     ported into COPS.                                         ager may require periodic reports to
                                                                       (4) Coordination with the installation                  meet unique requests for information.
                                                                     staff judge advocate victim witness co-                     (c) It is possible that a victim or wit-
                                                                     ordinator occurs to ensure that indi-                     ness may initially decline a DD Form
                                                                     viduals are properly referred for infor-                  2701. As the case progresses, the indi-
                                                                     mation on restitution, administrative,                    vidual may request information. If a
                                                                     and judicial proceedings.                                 case is still open in the Provost Mar-
                                                                       (5) Coordination with installation                      shal Office/Directorate of Emergency
                                                                     Family Advocacy Program’s Victim                          Services, the Provost Marshal/Director
                                                                     Advocate occurs to support victims of                     of Emergency Services victim witness
                                                                     spouse abuse. Victim Advocacy serv-                       coordinator shall provide the DA Form
                                                                     ices include crisis intervention, assist-                 2701 to the individual and update the
                                                                     ance in securing medical treatment for                    records. Once the case is referred to the
                                                                     injuries, information on legal rights                     staff judge advocate or law enforce-
                                                                     and proceedings, and referral to mili-                    ment activity ceases, COPS will not be
                                                                     tary and civilian shelters and other re-                  updated without prior coordination
                                                                     sources available to victims.                             with the installation Staff Judge Advo-
                                                                                                                               cate office.
                                                                     § 635.36 Notification.
                                                                        (a) In addition to providing crime                     PART 636—MOTOR VEHICLE TRAF-
                                                                     victims and witnesses a DD Form 2701,                       FIC SUPERVISION (SPECIFIC IN-
                                                                     law enforcement personnel must ensure                       STALLATIONS)
                                                                     that individuals are notified about—
                                                                        (1) Available military and civilian
                                                                                                                               Sec.
                                                                     emergency medical care.                                   636.0   Scope of this part.
                                                                        (2) Social services, when necessary.
                                                                        (3) Procedures to contact the staff                            Subpart A—Fort Stewart, Georgia
                                                                     judge advocate victim/witness liaison
                                                                     office for additional assistance.                         636.1 Responsibilities.
                                                                        (b) Investigating law enforcement                      636.2 Program objectives.
                                                                                                                               636.3 Suspension or revocation of driving
                                                                     personnel, such as military police in-                        privileges.
                                                                     vestigators—                                              636.4 Administrative due process for suspen-
                                                                        (1) Must ensure that victims and wit-                      sions and revocations.
                                                                     nesses have been offered a DD Form                        636.5 Army administrative actions against
                                                                     2701. If not, investigating personnel                         intoxicated drivers.
                                                                     will give the individual a copy.                          636.6 Remedial driver training program.
                                                                        (2) In coordination with the Provost                   636.7 Extensions of suspensions and revoca-
                                                                     Marshal/Director of Emergency Serv-                           tions.
                                                                                                                               636.8 Registration policy.
                                                                     ices victim witness coordinator, pro-
                                                                                                                               636.9 Registration requirement.
                                                                     vide status on investigation of the                       636.10 Hunter Army Airfield vehicle reg-
                                                                     crime to the extent that releasing such                       istration.
                                                                     information does not jeopardize the in-                   636.11 Installation traffic codes.
                                                                     vestigation.                                              636.12 Traffic accident investigation.
                                                                        (3) Will, if requested, inform all vic-                636.13 Traffic accident investigation re-
                                                                     tims and witnesses of the apprehension                        ports.
                                                                     of a suspected offender.                                  636.14 Parking.
                                                                                                                               636.15 Traffic violation reports.
                                                                     § 635.37 Statistical reporting require-                   636.16 Detection, apprehension, and testing
                                                                          ments.                                                   of intoxicated drivers.
                                                                                                                               636.17 Compliance with State laws.
                                                                        (a) DOD policies on victim witness                     636.18 Driving records.
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                                                                     assistance require reporting of statis-                   636.19 Point system application.
                                                                     tics on the number of individuals who                     636.20 Point system procedures.

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                                                                     Department of the Army, DoD                                                                         § 636.2
                                                                     636.21 Obedience to official traffic control                 (d) Ensure that the contents of this
                                                                         devices.                                              part are explained to all newly as-
                                                                     636.22 Speed regulations.                                 signed personnel, including personnel
                                                                     636.23 Turning movements.
                                                                                                                               on temporary duty with their unit for
                                                                     636.24 Driving on right side of roadway; use
                                                                         of roadway.
                                                                                                                               10 days or more.
                                                                     636.25 Right-of-way.                                         (e) Identify unit member’s vehicles
                                                                     636.26 Pedestrian’s rights and duties.                    which have obvious safety defects (see
                                                                     636.27 Regulations for bicycles.                          § 636.33) and take appropriate action to
                                                                     636.28 Special rules for motorcycles/mopeds.              have the defect corrected. Commanders
                                                                     636.29 Go-carts, minibikes, and All Terrain               who cause a vehicle to be removed
                                                                         Vehicles (ATV’s).                                     from the installation without the con-
                                                                     636.30 Stopping, standing and parking.                    sent of the owner could be found liable
                                                                     636.31 Abandoned vehicles.                                for subsequent damage done to the ve-
                                                                     636.32 Miscellaneous instructions.
                                                                                                                               hicle provided that the damage was the
                                                                     636.33 Vehicle safety inspection criteria.
                                                                     636.34 Restraint systems.
                                                                                                                               result of negligence on the part of the
                                                                     636.35 Headphones and earphones.                          government personnel.
                                                                     636.36 Alcoholic beverages.                                  (f) Identify those individuals required
                                                                     636.37 Use of ‘‘Denver Boot’’ device.                     to attend the Defensive Driving Course
                                                                     636.38 Impounding privately owned vehicles                (DDC) or Motorcycle Defensive Driving
                                                                         (POVs).                                               Course (MDDC) and ensure their at-
                                                                     APPENDIX A TO PART 636—REFERENCES                         tendance at the course.
                                                                     APPENDIXES B-C TO PART 636 [RESERVED]
                                                                     APPENDIX D TO PART 636—GLOSSARY                           § 636.2 Program objectives.
                                                                      AUTHORITY: 10 U.S.C. 30112(g); 5 U.S.C. 2951;               In addition to the requirements of
                                                                     Pub. L. 89–564; 89–670; 91–605; and 93–87.                § 634.5 of this subchapter:
                                                                                                                                  (a) The entry of motor vehicles on
                                                                       SOURCE: 56 FR 28077, June 19, 1991, unless
                                                                     otherwise noted.                                          the Fort Stewart/Hunter Army Airfield
                                                                                                                               reservation is permitted by the Com-
                                                                     § 636.0    Scope of this part.                            manding General under the conditions
                                                                                                                               prescribed by this part. Upon entering
                                                                       This part contains regulations which
                                                                                                                               the military reservation, the driver
                                                                     are in addition to the motor vehicle su-
                                                                                                                               subjects himself and his vehicle to rea-
                                                                     pervision regulations contained in 32
                                                                                                                               sonable search. The authority to
                                                                     CFR part 634. Each subpart in this part
                                                                                                                               search vehicles on post is subject to
                                                                     contains additional regulations specific
                                                                                                                               the provisions of AR 190–22 and AR 210–
                                                                     to the named installation.
                                                                                                                               10. This part is not applicable to vehi-
                                                                                                                               cle safety inspections and spot checks
                                                                      Subpart A—Fort Stewart, Georgia                          conducted primarily for purposes of
                                                                                                                               safety.
                                                                     § 636.1    Responsibilities.                                 (b) The Military Police may:
                                                                       In addition to the responsibilities de-                    (1) Inspect any vehicle operated on
                                                                     scribed in § 634.4 of this subchapter,                    the reservation for mechanical condi-
                                                                     Unit Commanders will:                                     tion.
                                                                       (a) Monitor and control parking of                         (2) Impound, exclude, or remove from
                                                                     military and privately owned vehicles                     the reservation any vehicle used as an
                                                                     within the unit’s area, to include                        instrument in a crime, suspected of
                                                                     motor pools and assigned training                         being stolen, abandoned, inoperable,
                                                                     areas.                                                    unregistered, or being operated by a
                                                                       (b) Establish a program in accord-                      person under the influence of intoxi-
                                                                     ance with 24th Infantry Division                          cants or drugs. No vehicle will be im-
                                                                     (Mechanized) and Fort Stewart Regula-                     pounded unless the impoundment
                                                                     tion 755–2 to identify abandoned pri-                     meets the requirements of AR 190–5,
                                                                     vately owned vehicles in the unit’s                       paragraph 6–2 (32 CFR 634.50) and
                                                                     area and coordinate with the Military                     § 636.38 of this subpart. In the event a
                                                                     Police for impoundment.                                   vehicle is impounded as an instrument
                                                                       (c) In coordination with the Military                   of crime (particularly in the transport
                                                                     Police, identify problem drivers in the                   of illegal drugs or weapons), coordina-
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                                                                     unit and take appropriate action to im-                   tion will be made with the appropriate
                                                                     prove their driving habits.                               civilian law enforcement agencies.

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                                                                     § 636.3                                                                32 CFR Ch. V (7–1–08 Edition)

                                                                       (3) Subsequent to a lawful apprehen-                    12 months or 18 points within 24 con-
                                                                     sion, seize for administrative forfeiture                 secutive months.
                                                                     proceedings all conveyances which are
                                                                     used, or are intended to be used to                       § 636.4 Administrative due process for
                                                                     transport, sell or receive, process or                        suspensions and revocations.
                                                                     conceal illegal drugs or drug para-                          In addition to the requirements of
                                                                     phernalia, or in any way facilitate the                   § 634.11(a) of this subchapter:
                                                                     foregoing. A conveyance is defined as                        (a) The Provost Marshal or his des-
                                                                     any mobile object capable of trans-                       ignee will provide the written notice of
                                                                     porting objects or people (e.g., auto-                    pending action and offer of an adminis-
                                                                     mobile, truck, motorcycle, boat, air-
                                                                                                                               trative hearing using AFZP Form Let-
                                                                     plane, etc.).
                                                                                                                               ter 316, Suspension of Installation
                                                                       (c) The Commander or other persons
                                                                                                                               Driving Privileges.
                                                                     designated authority by the Com-
                                                                     mander may suspend or revoke the in-                         (b) The Garrison Commander and
                                                                     stallation driving privileges of any per-                 Deputy Garrison Commander are des-
                                                                     son as authorized by part 634 of this                     ignated as reviewing authorities to
                                                                     subchapter and this section.                              conduct administrative hearings.
                                                                       (d) Unit commanders may request                            (c) Individuals who desire an admin-
                                                                     temporary suspension of an assigned                       istrative hearing to review a decision
                                                                     member’s installation driving privilege                   to impose immediate suspension, or to
                                                                     for cause (e.g., continued minor driving                  appeal the decision of the administra-
                                                                     infractions, numerous parking viola-                      tive hearing officer, will adhere to the
                                                                     tions, etc.). Such requests will be sub-                  following procedures. A request for an
                                                                     mitted in writing to the Commander,                       administrative hearing will be for-
                                                                     24th Infantry Division (Mechanized)                       warded through their supervisory chain
                                                                     and Fort Stewart, ATTN: AFZP-PM,                          of command. Requests from family
                                                                     Fort Stewart, Georgia 31314–5000. Rea-                    members or non-employee civilians can
                                                                     sons for such requests will be ex-                        be forwarded to the Provost Marshal’s
                                                                     plained. Unit commanders retain the                       Administrative Section at Fort Stew-
                                                                     authority to suspend a soldier’s mili-                    art or Hunter Army Airfield and can ei-
                                                                     tary vehicle driving privileges in ac-                    ther be delivered or post marked with-
                                                                     cordance with AR 385–55.                                  in ten days of notification of the sus-
                                                                                                                               pension action.
                                                                     § 636.3 Suspension or revocation of
                                                                          driving privileges.                                     (d) Individuals who were initially
                                                                                                                               charged with driving under the influ-
                                                                        In addition to the requirements of                     ence (DUI) based in part on a blood al-
                                                                     § 634.10 of this subchapter:
                                                                                                                               cohol content (BAC) test which has not
                                                                        (a) Administrative suspension or rev-
                                                                                                                               subsequently been invalidated and who
                                                                     ocation of installation driving privi-
                                                                                                                               are found not guilty of DUI may re-
                                                                     leges applies to the operation of a
                                                                                                                               quest a hearing to determine if their
                                                                     motor vehicle on Fort Stewart/Hunter
                                                                                                                               driving privileges should be restored.
                                                                     Army Airfield.
                                                                                                                               Such requests shall be forwarded
                                                                        (b) Installation driving privileges
                                                                     will be suspended for up to 6 months                      through their chain of command to ar-
                                                                     for drivers who accumulate 12 traffic                     rive at the Provost Marshal’s Office
                                                                     points within 12 consecutive months,                      (AFZP-PMA for Fort Stewart or AFZP-
                                                                     or 18 traffic points within 24 consecu-                   PM-H for Hunter Army Airfield) not
                                                                     tive months.                                              later than ten working days after the
                                                                        (c) The Garrison Commander and                         date of court action.
                                                                     Deputy Garrison Commander are des-
                                                                                                                               § 636.5 Army administrative actions
                                                                     ignated as suspension/revocation au-
                                                                                                                                   against intoxicated drivers.
                                                                     thorities for:
                                                                        (1) Suspension of driving privileges                     For this installation, in violation of
                                                                     should the evidence indicate that a                       State law referenced in § 634.12(a)(3) of
                                                                     charge of driving under the influence is                  this subchapter, means a blood alcohol
                                                                     warranted or;                                             content of 0.10 percent or higher as set
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                                                                        (2) The suspension/revocation for ac-                  forth in Official Code of Georgia Anno-
                                                                     cumulation of 12 traffic points within                    tated 40–6–392(b)(3).

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                                                                     Department of the Army, DoD                                                                         § 636.10

                                                                     § 636.6 Remedial driver training pro-                     has 30 days from date of entry or 10
                                                                          gram.                                                days after reporting for military duty
                                                                        For this installation remedial driving                 to register that vehicle in the State of
                                                                     training      program     referenced    in                Georgia or another state. A temporary
                                                                     § 634.12(b) of this subchapter is operated                pass will be issued until this require-
                                                                     by the Installation Safety Office. Driv-                  ment has been met.
                                                                     ing privileges may be withheld beyond                        (d) Liability and no-fault insurance re-
                                                                     expiration of the sanction to complete                    quirements. (1) All personnel operating
                                                                     remedial driving or alcohol and drug                      vehicles on Fort Stewart/Hunter Army
                                                                     rehabilitation programs in accordance                     Airfield will obtain and maintain, at
                                                                     with AR 190–5, paragraphs 2–12c and d,                    least, the minimum amount of liability
                                                                     and 5–4f (32 CFR 634.17(c) and (d) and                    and no-fault insurance required by the
                                                                     634.17(f)).                                               State of Georgia. The amounts are as
                                                                                                                               follows:
                                                                     § 636.7 Extensions of suspensions and                        (i) Liability:
                                                                          revocations.                                            (A) $15,000.00 per person per accident
                                                                        In addition to the requirements in                     for bodily injury.
                                                                     § 634.17(a) of this subchapter, for each                     (B) $30,000.00 per incident for bodily
                                                                     subsequent violation of the suspension                    injury.
                                                                     period, an additional five years will be                     (C) $10,000.00 per accident for prop-
                                                                     added to the suspension period for this                   erty damage.
                                                                     installation (see Table 634.46 in § 634.46
                                                                                                                                  (ii) No-Fault—$5,000.00.
                                                                     of this subchapter).
                                                                                                                                  (2) Proof of this insurance will be re-
                                                                     § 636.8 Registration policy.                              quired at the time of registration.
                                                                                                                                  (e) Vehicle safety inspections are not
                                                                        In addition to the requirements of
                                                                     § 634.19(a) of this subchapter, motor ve-                 required in the State of Georgia, how-
                                                                     hicles which are owned and/or operated                    ever, vehicles operated on Fort Stew-
                                                                     by a person who resides, performs duty,                   art/Hunter Army Airfield must be in
                                                                     is employed on, or ‘‘frequently uses’’                    safe operating condition and be able to
                                                                     the facilities of Hunter Army Airfield                    pass spot vehicle safety equipment
                                                                     will be registered in accordance with                     checks conducted by the Military Po-
                                                                     the requirements of § 634.20 of this sub-                 lice. Safety criteria is set forth in
                                                                     chapter. Frequent users include but are                   § 636.33 of this subpart.
                                                                     not limited to family members, retir-
                                                                                                                               § 636.10 Hunter Army Airfield vehicle
                                                                     ees, and civilians whose normal route                         registration.
                                                                     of travel between home and work takes
                                                                     them through the installation.                              Personnel assigned or employed at
                                                                                                                               Hunter Army Airfield are required to
                                                                     § 636.9 Registration requirement.                         register their privately owned vehicles
                                                                        In addition to the requirements of                     within five days after arrival to the in-
                                                                     § 634.20 of this subchapter:                              stallation. Requirements for registra-
                                                                        (a) The Military Police will cite vio-                 tion are listed in AR 190–5 and this
                                                                     lators on DD Form 1408 (Warning Cita-                     part.
                                                                     tion) for observed safety defects. On a                     (a) Temporary passes may be issued
                                                                     periodic basis, Military Police will con-                 to personnel not assigned to the instal-
                                                                     duct vehicle safety inspection oper-                      lation but requiring temporary access
                                                                     ations using the criteria in § 636.33.                    to the installation. These include per-
                                                                        (b) An individual possessing a valid                   sonnel employed by construction and
                                                                     USAREUR privately owned vehicle                           material handling vehicles requiring
                                                                     (POV) license may operate a motor ve-                     on post access. Personnel requesting
                                                                     hicle in the State of Georgia for a pe-                   temporary passes must meet the same
                                                                     riod not to exceed 30 days. After the 30                  requirements as do personnel requiring
                                                                     day period the individual must obtain a                   decals.
                                                                     valid license from the State of Georgia                     (1) Temporary passes will not exceed
                                                                     or another state to operate a motor ve-                   45 days. Renewal of temporary passes is
                                                                     hicle in the State of Georgia.                            prohibited except upon approval of the
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                                                                        (c) An individual returning a vehicle                  Installation Commander or his/her des-
                                                                     to Continental United States (CONUS)                      ignee.

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                                                                     § 636.11                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                       (2) Temporary passes will be con-                         (3) Installation decals will be placed
                                                                     spicuously placed on the left side of the                 directly beneath and centered on the
                                                                     vehicle dashboard between the dash-                       DOD decal. Expiration decals will be
                                                                     board and the front windshield. Noth-                     placed on each side and level with the
                                                                     ing will be placed so as to obscure the                   DOD decal with the month on the left
                                                                     view of the temporary pass from the                       and the year on the right.
                                                                     exterior of the vehicle. The pass will                      (4) Decals will not be affixed to any
                                                                     remain in this position during the en-                    other portion of the vehicle other than
                                                                     tire time the vehicle is on the installa-                 listed in § 636.10(e) (1) through (3).
                                                                     tion. Failure to conspicuously display
                                                                     the temporary pass could result in the                    § 636.11    Installation traffic codes
                                                                     vehicle being removed from the instal-                       In addition to the requirements in
                                                                     lation.                                                   § 634.25(d) of this subchapter, on-post
                                                                       (3) Temporary passes will remain                        violations offenders will be cited under
                                                                     with the vehicle for which they were                      the appropriate Georgia Traffic Code as
                                                                     issued and not be transferred to other                    assimilated by 18 U.S.C. 13 (for civil-
                                                                     vehicles.                                                 ians) and Art 134c, Uniform Code of
                                                                       (4) Each person driving a vehicle on                    Military Justice (UCMJ) (for military).
                                                                     the installation must individually                        If no Georgia Code is appropriate for a
                                                                     meet the drivers license requirement of                   specific offense, civilians will be cited
                                                                     the installation as well as sign the                      under 40 U.S.C. 318a and military per-
                                                                     temporary pass.                                           sonnel will be cited under Art 92,
                                                                       (5) Temporary passes will be returned                   UCMJ. The Fort Stewart/Hunter Army
                                                                     to the Vehicle Registration section                       Airfield installation traffic code con-
                                                                     when they have expired or area no                         forms to the State of Georgia Traffic
                                                                     longer needed.                                            Law.
                                                                       (b) Decals are to be issued to all mili-
                                                                     tary and civilian employees of Hunter                     § 636.12    Traffic accident investigation.
                                                                     Army Airfield, military retirees, and
                                                                                                                                  In addition to the requirements in
                                                                     contractors/vendors doing extended
                                                                                                                               § 634.28 of this subchapter, Military Po-
                                                                     business on the installations. Require-
                                                                                                                               lice at Fort Stewart/Hunter Army Air-
                                                                     ments outlined in AR 190–5 (32 CFR
                                                                                                                               field installation will investigate re-
                                                                     part 634) and this part must be met be-
                                                                                                                               portable motor vehicle accidents in-
                                                                     fore decals are issued.
                                                                                                                               volving government owned or privately
                                                                       (c) Personnel requiring permanent
                                                                                                                               owned vehicles.
                                                                     decals, who do not meet the require-
                                                                     ments outlined in AR 190–5 (32 CFR                        § 636.13 Traffic accident investigation
                                                                     part 634) and this part, will be issued                       reports.
                                                                     temporary passes not to exceed 45 days.
                                                                     Registration requirements will be met                        In addition to the requirements in
                                                                     as soon as possible after issuance of the                 § 634.29 of this subchapter:
                                                                     temporary pass. A decal may then be                          (a) Military Police at Fort Stewart/
                                                                     issued.                                                   Hunter Army Airfield installations will
                                                                       (d) DOD decals (DD Form 2220) will be                   record traffic accident investigations
                                                                     utilized for vehicle registration. Addi-                  on DA Form 3946 (Military Police Traf-
                                                                     tional installation name and expiration                   fic Accident Report) and DA Form 3975
                                                                     month and year decals will be utilized                    (Military Police Report).
                                                                     with sizes and coloration as prescribed                      (b) All privately owned motor vehicle
                                                                     in AR 190–5 (32 CFR part 634).                            accidents on Fort Stewart or Hunter
                                                                       (e) Decals will be permanently af-                      Army Airfield will be immediately re-
                                                                     fixed to the vehicles for which they are                  ported to the Military Police for inves-
                                                                     registered in one of two places:                          tigation. Unless an emergency situa-
                                                                       (1) Exterior, front windshield lower                    tion exists, vehicle(s) involved in an
                                                                     left corner.                                              accident will only be moved on order of
                                                                       (2) Front, left bumper of the vehicle,                  the Military Police.
                                                                     conspicuously displayed. Decals will
                                                                     not be affixed to the front spoilers or                   § 636.14    Parking.
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                                                                     any other area which obscures the                            In addition to the requirements in
                                                                     viewing of the decal.                                     § 634.31 of this subchapter:

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                                                                     Department of the Army, DoD                                                                                      § 636.22

                                                                        (a) Military Police will enforce park-                    (b) Walk and turn.
                                                                     ing in handicapped and Commanding                            (c) One leg stand.
                                                                     General reserved parking spaces at
                                                                     Fort Stewart/Hunter Army Airfield sol-                    § 636.17       Compliance with State laws.
                                                                     dier service facilities and assess points                    In addition to the requirements of
                                                                     in accordance with Table 634.46 in                        § 634.42 of this subchapter, the Provost
                                                                     § 634.46 of this subchapter and Table                     Marshal will conduct necessary coordi-
                                                                     636.19 in § 636.19. Vehicles may be towed                 nation with civil enforcement agencies
                                                                     for such violations as parking in handi-                  to ensure receipt of information and
                                                                     capped parking spaces and parking on a                    assistance as required. The Directorate
                                                                     yellow curb among others.                                 of Logistics will secure any necessary
                                                                        (b) Reserved parking spaces in areas                   permits for military movement on pub-
                                                                     under the control of units or staff sec-                  lic roads and highways.
                                                                     tions may be designated by the com-
                                                                     mander or staff section chief who is                      § 636.18       Driving records.
                                                                     also responsible to control the use of
                                                                                                                                  In addition to the requirements in
                                                                     these spaces.
                                                                                                                               § 634.44 of this subchapter, the Provost
                                                                        (c) Parking spaces for tactical vehi-
                                                                                                                               Marshal Office will maintain driver
                                                                     cles at the Main Exchange/Commissary
                                                                                                                               records.
                                                                     area will be designated at the end of
                                                                     rows, farthest from the facilities. Only                  § 636.19       Point system application.
                                                                     those vehicles properly authorized by
                                                                     unit commanders will be parked at the                                             TABLE 636.19
                                                                     Main Exchange/Commissary area.                            Violation: Parking in a handicap zone ....       Points assessed: 3
                                                                                                                               Violation: Parking against a yellow curb         Points assessed: 3
                                                                     § 636.15 Traffic violation reports.                       Violation: Parking within 10 feet of a fire      Points assessed: 3
                                                                                                                                 hydrant.
                                                                        In addition to the requirements in                     Violation: Impeding the flow of traffic .....    Points assessed: 3
                                                                     § 634.32 of this subchapter:                              Violation: Other parking violations ..........   Points assessed: 2
                                                                        (a) The Provost Marshal in coordina-
                                                                     tion with the Staff Judge Advocate will                   § 636.20       Point system procedures.
                                                                     determine what traffic offenses will be
                                                                                                                                  In addition to the requirements of
                                                                     referred to the U.S. Magistrate Court
                                                                                                                               § 634.47 of this subchapter:
                                                                     by means of DD Form 1805.
                                                                                                                                  (a) Reports of parking violations re-
                                                                        (b) Of the four available actions on
                                                                                                                               corded on DD Form 1408 or DD Form
                                                                     the back of the DD Form 1408, super-
                                                                                                                               1805 will serve as a basis for deter-
                                                                     visors of civilian employees may take
                                                                                                                               mining point assessment.
                                                                     one of the following two actions.
                                                                        (c) No action taken: A finding of not                     (b) The instructions in paragraph (a)
                                                                     guilty. There must be an explanation                      of this section also apply to the receipt
                                                                     of the reason for no action taken.                        of a DD Form 1408 (Armed Forces Traf-
                                                                        (d) Administration: A finding of                       fic Ticket) for a parking violation.
                                                                     guilty. This includes, but is not limited                 § 636.21 Obedience to official traffic
                                                                     to, such actions as a written warning,                        control devices.
                                                                     letter of reprimand, or suspension. Su-
                                                                     pervisors should coordinate with CPO,                       (a) All drivers will obey the instruc-
                                                                     MER branch before taking adverse ac-                      tions of official signs, unless directed
                                                                     tion.                                                     to do otherwise by the Military Police.
                                                                        (e) Reports of Commander’s action                        (b) Official traffic control devices,
                                                                     taken will be forwarded to the Provost                    such as traffic cones or barricades, are
                                                                     Marshal Office through the appropriate                    presumed to have been placed by prop-
                                                                     major subordinate commander.                              er authority.

                                                                     § 636.16 Detection, apprehension, and                     § 636.22       Speed regulations.
                                                                          testing of intoxicated drivers.                        (a) Georgia state speed limits apply
                                                                        In addition to the requirements in                     unless otherwise specified by this part.
                                                                     § 634.36 of this subchapter, the standard                   (b) Drivers will operate their vehicles
                                                                     field sobriety test used by the Military                  at a reasonable and prudent speed
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                                                                     Police may include the following tests:                   based on traffic and road conditions,
                                                                        (a) Horizontal gaze nystagmus.                         regardless of posted speed limits.

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                                                                     § 636.23                                                                          32 CFR Ch. V (7–1–08 Edition)

                                                                       (c) The speed limit on the installa-                               § 636.24 Driving on right side of road-
                                                                     tion is 30 miles per hour unless other-                                   way; use of roadway.
                                                                     wise posted or if it falls within one of                                (a) All drivers will use the right side
                                                                     the special speed limit situations (see                              of roadways, except:
                                                                     paragraph (d) of this section).                                         (1) When passing a vehicle proceeding
                                                                       (d) The following special speed limits                             in the same direction.
                                                                     apply:                                                                  (2) When an obstruction is blocking
                                                                       (1) When passing troop formations, 10                              all or part of the right lane of the road-
                                                                     miles per hour.                                                      way.
                                                                       (2) The authorized speed limit in the                                 (3) When driving on a one-way street.
                                                                     school zones is 15 miles per hour when                                  (b) Drivers proceeding in opposite di-
                                                                     any of the following conditions are                                  rections will pass to the right, each
                                                                     present:                                                             using one-half of the roadway.
                                                                       (i) A school crossing attendant is                                    (c) Drivers passing another vehicle
                                                                     present.                                                             traveling in the same direction will ex-
                                                                       (ii) Children are present in the area.                             ercise the utmost caution and safety
                                                                       (iii) The flashing, yellow, caution                                and will abide by all applicable traffic
                                                                     lights are in operation.                                             laws.
                                                                       (3) Fort Stewart housing areas, 20                                    (d) Drivers of vehicles being passed
                                                                     miles per hour. Hunter Army Airfield                                 will give way to the right and not in-
                                                                     housing areas, 15 miles per hour.                                    crease their vehicle’s speed.
                                                                       (4) Tactical vehicle drivers will obey                                (e) Drivers will allow a sufficient dis-
                                                                     posted speed limits; however, drivers                                tance between their vehicle and the ve-
                                                                     will not exceed 40 miles per hour on                                 hicle in front to allow a safe stop under
                                                                     paved roads and 25 miles per hour on                                 all conditions.
                                                                     unpaved roads and tank trails. Com-
                                                                     mercial     Utility    Cargo    Vehicles                             § 636.25 Right-of-way.
                                                                     (CUCV’s) are tactical vehicles and will                                 (a) When two vehicles enter an inter-
                                                                     obey the following off-road driving                                  section from different highways at the
                                                                     speeds:                                                              same time, the driver of the vehicle on
                                                                     Day Driving: ............   Trails, 16 MPH
                                                                                                 Cross County, 6 MPH
                                                                                                                                          the left will yield right-of-way. When
                                                                     Night Driving: ..........   Trails, 5 MPH (with headlights)          entering an intersection without traf-
                                                                                                 Cross Country, 5 MPH                     fic control devices from a highway
                                                                     Night Driving: ..........   Trails, 4 MPH (Black-out Drive)          which terminates at the intersection,
                                                                                                 Cross County, 2.5 MPH
                                                                                                                                          that driver will yield right-of-way.
                                                                       (5) Parking lots, 10 miles per hour.                                  (b) Drivers turning left within an
                                                                       (6) The authorized maximum speed                                   intersection will yield right-of-way to
                                                                     limit for rough terrain forklifts when                               vehicles approaching from the opposite
                                                                     operated on hard surface roads will not                              direction.
                                                                     exceed 15 miles per hour. These vehi-                                   (c) Drivers approaching a stop sign
                                                                     cles will also bear the Triangular Sym-                              will stop at the marked stop line, if
                                                                     bol to alert trailing vehicles as re-                                present, or before entering the cross-
                                                                     quired by the Occupational Safety and                                walk, if present, or at a point nearest
                                                                     Health Administration (OSHA) (29 CFR                                 the intersecting roadway where the
                                                                     1910.145).                                                           driver will yield the right-of-way, if re-
                                                                                                                                          quired.
                                                                     § 636.23 Turning movements.                                             (d) Drivers approaching yield signs
                                                                        (a) U-turns are prohibited on all                                 will slow down to a speed not exceeding
                                                                     streets in the cantonment area.                                      10 miles per hour and yield the right-
                                                                        (b) Right-turns will be made from a                               of-way to any approaching vehicles,
                                                                     position as close to the right edge or                               coming to a stop if necessary.
                                                                     right curb of the roadway as possible.                                  (e) Drivers entering or crossing a
                                                                        (c) Left-turns will be made from a po-                            roadway from any place other than an-
                                                                     sition as close to the center line as pos-                           other roadway will yield the right-of-
                                                                     sible or from a left turn lane, if avail-                            way to vehicles on the roadway.
                                                                     able.                                                                   (f) Upon the immediate approach of
                                                                        (d) All turns will be signaled continu-                           an authorized emergency vehicle iden-
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                                                                     ously beginning not less than 100 feet                               tified as such, all drivers will yield the
                                                                     prior to the turn.                                                   right-of-way to the emergency vehicle.

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                                                                     Department of the Army, DoD                                                                         § 636.28

                                                                     § 636.26 Pedestrian’s rights and duties.                    (l) The wearing of headphones or ear-
                                                                        (a) Pedestrians will obey all traffic                  phones by pedestrians or joggers while
                                                                     control devices and regulations, unless                   walking or jogging on roadways or on
                                                                     directed to do otherwise by the Mili-                     the shoulders of roadways is prohib-
                                                                     tary Police.                                              ited.
                                                                        (b) When traffic-control signals are                   § 636.27 Regulations for bicycles.
                                                                     not in place or not in operation, the
                                                                     driver of a vehicle will yield the right                     (a) Parents will not knowingly allow
                                                                     of way, by slowing down or stopping,                      their children to violate any of the pro-
                                                                     when a pedestrian is in a crosswalk on                    visions of this section.
                                                                     the same side of the road as the driv-                       (b) Traffic laws and regulations in
                                                                     er’s vehicle, or when the pedestrian is                   this part apply to persons riding bicy-
                                                                     approaching so closely from the oppo-                     cles. Bicycle riders are granted all the
                                                                     site half of the roadway as to be in dan-                 rights and are subject to all duties of
                                                                     ger.                                                      motorized vehicle operators, except
                                                                        (c) Pedestrians will not suddenly                      those which logically do not apply.
                                                                     leave a curb or other place of safety                        (c) Bicycles will be parked against
                                                                     and walk or run into the path of a vehi-                  the curb or in a rack, provided for that
                                                                     cle which is so close to the crosswalk                    purpose, and will be secured.
                                                                     that it is impractical for the driver to                     (d) Bicycle riders will not attach the
                                                                     stop.                                                     bicycle or themselves to any motorized
                                                                        (d) Pedestrians crossing a roadway,                    vehicle operating upon the roadway.
                                                                     at a point other than a crosswalk, will                      (e) Bicycles will be ridden upon the
                                                                     yield the right-of-way.                                   roadway in single-file.
                                                                        (e) Pedestrians will not cross any                        (f) Bicycles operated between dusk
                                                                     intersection diagonally unless clearly                    and dawn will utilize a headlight visi-
                                                                     authorized to do so.                                      ble for a minimum of 300 feet and a
                                                                        (f) Every driver will exercise due care                rear reflector or red light visible for 300
                                                                     to avoid colliding with any pedestrian                    feet to the rear.
                                                                     upon any roadway and will exercise                           (g) Bicycles will not be ridden with-
                                                                     proper precaution upon observing any                      out an operable brake system.
                                                                     child or any obviously confused, inca-                       (h) Bicycles will not be ridden if the
                                                                     pacitated, or intoxicated person.                         pedal, in its lowermost position, is
                                                                        (g) A person who is under the influ-                   more than 12 inches above the ground.
                                                                     ence of intoxicating liquor or any drug                      (i) If a bicycle/pedestrian path or
                                                                     to a degree which renders himself a                       sidewalk is present, bicyclists will use
                                                                     hazard will not walk upon any road-                       the patch or sidewalk instead of the
                                                                     way.                                                      roadway.
                                                                        (h) Pedestrians will use sidewalks,                       (j) Certain roadways have been des-
                                                                     where provided, rather than walking                       ignated and marked as being off-limits
                                                                     upon the roadway. When sidewalks are                      to bicyclists. Bicyclists will use an al-
                                                                     not provided, pedestrians will walk the                   ternate roadway or a bicycle path rath-
                                                                     shoulder of the roadway as far from the                   er than those roadways.
                                                                     edge of the roadway as possible. When
                                                                     neither sidewalks nor a shoulder are                      § 636.28 Special rules for motorcycles/
                                                                     available, pedestrians will walk on the                        mopeds.
                                                                     extreme edge of the roadway, facing                          (a) Traffic laws and regulations in
                                                                     traffic, and will yield to all oncoming                   this part apply to persons riding mo-
                                                                     traffic.                                                  torcycles/mopeds. Motorcyle/moped op-
                                                                        (i) Individuals will not stand in or be-               erators are granted all the rights and
                                                                     side the roadway to solicit rides (hitch-                 are subject to all duties of motor vehi-
                                                                     hike).                                                    cle operators, except those which logi-
                                                                        (j) Individuals will not stand in or be-               cally do not apply.
                                                                     side the roadway to solicit business,                        (b) Motorcycles/moped operators will
                                                                     employment, or contributions from the                     ride only while seated facing forward
                                                                     occupant of any vehicle.                                  with one leg on either side of the vehi-
                                                                        (k) Pedestrians will yield to all au-                  cle on the permanent and regular seat
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                                                                     thorized emergency vehicles using an                      of the vehicle. Passengers will not be
                                                                     audible signal and/or a visual signal.                    carried unless the vehicle is designed

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                                                                     § 636.29                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     to carry a passenger. Passengers will                     attend and complete an approved Mo-
                                                                     only be carried in a manner which nei-                    torcycle    Defense   Driving    Course
                                                                     ther interferes with the operation of                     (MDDC) prior to operation of the mo-
                                                                     the vehicle nor obstructs the operator’s                  torcycle/moped on the installation.
                                                                     view. Operators will keep both hands                      Upon completion of the course, per-
                                                                     on the vehicle’s handlebars.                              sonnel will be provided with a MDDC
                                                                       (c) Motorcycle/moped operators are                      card. Personnel are authorized to oper-
                                                                     entitled to the use of a full lane of traf-               ate their motorcycle/moped on the in-
                                                                     fic. Motorcycle/moped operators will                      stallation for the purpose of attending
                                                                     not pass another vehicle using the                        the motorcycle safety course. Attend-
                                                                     same lane as the overtaken vehicle.                       ance may be verified by contacting the
                                                                     Motorcycles/mopeds will not be oper-                      Installation Safety Office.
                                                                     ated between lanes of traffic or be-
                                                                     tween adjacent lines or rows of vehi-                     § 636.29 Go-carts, minibikes, and all
                                                                     cles.                                                           terrain vehicles (ATV’s).
                                                                       (d) Motorcycles/moped headlights                           (a)     Operators     of     ‘‘go-carts,’’
                                                                     and tail lights will be illuminated at                    ‘‘minibikes,’’ and ATV’s 16 years of age
                                                                     anytime the vehicle is being operated.                    or older, must comply with applicable
                                                                       (e) Motorcycle/moped operators will                     Georgia State Law and Fort Stewart
                                                                     not attach their vehicle or themselves                    traffic laws and regulations contained
                                                                     to any other motorized vehicle oper-                      in this part.
                                                                     ating upon the roadway.                                      (b) ‘‘Go-carts,’’ ‘‘minibikes,’’ and
                                                                       (f) Footrests will be provided for pas-                 ATV’s operated on installation road-
                                                                     sengers. Motorcycles/mopeds will not                      ways are required to meet the require-
                                                                     be operated with handlebars more than                     ments of this part and the Georgia
                                                                     15 inches above the seat which the op-                    Traffic Code.
                                                                     erator occupies. No back rest attached                       (c) Off-road vehicles will only be op-
                                                                     to the motorcycle/moped will have a                       erated in areas specified by the DPCA.
                                                                     sharp point at its apex.                                  The DPCA will specify conditions for
                                                                       (g) All motorcycle/moped operators/                     off-road operation.
                                                                     passengers will comply with the fol-                         (d) ‘‘Go-carts,’’ ‘‘minibikes,’’ and
                                                                     lowing safety requirements:                               ATV’s will only be operated during
                                                                       (1) Wear the following protective                       daylight hours and will not be operated
                                                                     equipment:                                                during periods of inclement weather or
                                                                       (i) Properly fastened (under the chin)                  reduced visibility.
                                                                     DOT approved helmet.                                         (e) Operators and passengers of ‘‘go-
                                                                       (ii) Eye protection (clear goggles or a                 carts,’’ ‘‘minibikes,’’ and ATV’s must
                                                                     face shield attached to the helmet).                      wear approved protective helmets, eye
                                                                       (iii) Full-fingered gloves.                             protection, and footwear (open-toed
                                                                       (iv) Long trousers.                                     footwear is prohibited).
                                                                       (v) Long-sleeved shirt or jacket (with                     (f) Soldiers or sponsors of persons op-
                                                                     sleeves rolled down).                                     erating ‘‘go-carts,’’ ‘‘minibikes,’’ and
                                                                       (vi) Leather boots or over-the-ankle                    ATV’s are responsible for the safe oper-
                                                                     shoes.                                                    ation of the vehicle.
                                                                       (vii) High-visibility garments (bright
                                                                     color for day and retro-reflective for                    § 636.30 Stopping, standing and park-
                                                                     night).                                                        ing.
                                                                       (2) Motorcycle/moped headlights will                       (a) Drivers will not stop, park, or
                                                                     be turned on at all times.                                leave standing their vehicle, whether
                                                                       (3) Motorcycle/moped must have two                      attended or unattended, upon the road-
                                                                     rear-view mirrors (one mirror on each                     way when it is possible to stop, park or
                                                                     side of the handlebars).                                  leave their vehicle off the roadway. In
                                                                       (4) Use of headphones or earphones                      any case, parking or standing the vehi-
                                                                     while driving is prohibited.                              cle upon the roadway will only be done
                                                                       (h) Military personnel, civilian em-                    in an emergency.
                                                                     ployees, and family member drivers of                        (b) Vehicles, not clearly identified as
                                                                     a privately or government-owned mo-                       operated by a handicapped individual,
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                                                                     torcycle/moped (two or three wheeled                      will not be parked in a handicapped
                                                                     motor driven vehicles) are required to                    parking space.

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                                                                     Department of the Army, DoD                                                                         § 636.30

                                                                       (c) Whenever Military Police find a                     to any fire station within 75 feet of said
                                                                     vehicle parked or stopped in violation                    entrance (when properly sign posted).
                                                                     of this section, they may immediately                        (6) At any place where official signs
                                                                     move, or cause to be moved, the vehi-                     prohibit standing.
                                                                     cle off the roadway. At the direction of                     (7) Adjacent to any curb painted yel-
                                                                     the Provost Marshall, or his designee,                    low or identified, by signs, as a ‘‘No
                                                                     vehicles parked in restricted or re-                      Parking’’ area.
                                                                     served parking spaces, may be moved.                         (8) Along a roadway against the flow
                                                                       (d) The Military Police may remove                      of traffic.
                                                                     or cause to be removed, to a safe place,                     (9) Within 20 feet of any building in
                                                                     any unattended vehicle illegally left                     what would reasonably be considered a
                                                                     standing upon any highway or bridge                       ‘‘fire-lane’’ unless specified as a park-
                                                                     or within 10 feet of any railroad track                   ing space.
                                                                     on the installation.                                         (10) Parallel parking along the curb
                                                                       (e) As a crime prevention measure,                      is authorized in housing areas unless
                                                                     the Military Police may pick up keys                      otherwise posted.
                                                                     left in vehicles, secure the vehicle in                      (11) Parking is prohibited upon lawns
                                                                     place, and post a notice directing the                    or grassed (seeded) areas, unless spe-
                                                                     owner to proceed to the MP station to                     cifically authorized by the Provost
                                                                     claim his/her keys. The program will be                   Marshal. This prohibition is not in-
                                                                     adequately publicized and will only be                    tended, however, to extend to those lo-
                                                                     invoked after a conscientious attempt                     cations designated as bivouac sites,
                                                                     to locate the owner.                                      range areas, etc.
                                                                       (f) No driver will stop, stand, or park                    (12) No dual-wheeled or tandem-
                                                                     a vehicle:                                                wheeled recreational vehicles and trail-
                                                                       (1) On the roadway side of any vehi-                    ers will be stored at government quar-
                                                                     cle stopped or parked at the edge of a                    ters. All other recreational vehicles, to
                                                                     curb or a street.                                         include campers, trailers, boats, pop-up
                                                                       (2) On a sidewalk.                                      campers, and camper shells may be
                                                                       (3) Within an intersection.                             parked in the driveway area or under
                                                                       (4) On a crosswalk.                                     the carport of individual quarters. To
                                                                                                                               prevent injury to children playing on
                                                                       (5) Alongside or opposite any street
                                                                                                                               and around trailers, one tire on each
                                                                     excavation or obstruction when traffic
                                                                                                                               side of the trailer will be chocked in
                                                                     would be obstructed.
                                                                                                                               front and back. Trailer tongues, with-
                                                                       (6) Upon a bridge or other elevated
                                                                                                                               out installed supports, will either be
                                                                     structure.
                                                                                                                               left on the ground or supported in such
                                                                       (7) On any railroad tracks or within                    a manner as to preclude the support
                                                                     10 feet of any rail road track.                           tipping over and allowing the trailer
                                                                       (8) On any controlled-access highway.                   tongue to fall. If the vehicle creates a
                                                                       (9) Where prohibited by official signs.                 safety hazard or is an eyesore, per-
                                                                       (10) Alongside any roadway in any                       sonnel are encouraged to use the stor-
                                                                     manner which obstructs traffic.                           age facilities available at the Outdoor
                                                                       (g) No driver will stand or park a ve-                  Recreation Center, Holbrook Pond,
                                                                     hicle, whether occupied or not, except                    Fort Stewart, or at the Private Vehicle
                                                                     momentarily to pick up or discharge a                     Storage area at Hunter Army Airfield.
                                                                     passenger or passengers:                                  House trailers are not authorized to be
                                                                       (1) In front of a public or private                     parked in the quarters area. Campers,
                                                                     driveway.                                                 camper trailers, and tents will not be
                                                                       (2) Within 10 feet of a fire hydrant.                   approved for occupancy in the quarters
                                                                       (3) Within 20 feet of a crosswalk at an                 area. Parking of recreational vehicles
                                                                     intersection.                                             on the street will be limited to 24 hours
                                                                       (4) Within 20 feet upon the approach                    for owners to load and unload the vehi-
                                                                     to any flashing signal, a stop sign,                      cle at the owner’s quarters.
                                                                     yield sign, or traffic control signal lo-                    (h) No driver will use a parking lot,
                                                                     cated at the side of a roadway.                           sidewalk, fire lane, or vacant property
                                                                       (5) Within 20 feet of a driveway en-                    to drive on in order to avoid a traffic
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                                                                     trance to any fire station and on the                     control device or alter the traffic flow
                                                                     side of a street opposite the entrance                    plan unless authorized to do so by the

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                                                                     § 636.31                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     Military Police or a traffic control de-                  gency conditions, closer than 500 feet
                                                                     vice.                                                     or park closer than 500 feet to any
                                                                                                                               emergency vehicle stopped for an emer-
                                                                     § 636.31 Abandoned vehicles.                              gency.
                                                                        (a) Any MP or DOD police officer who                     (d) No vehicle will be driven over a
                                                                     finds or has knowledge of a motor vehi-                   fire hose unless directed to do so by a
                                                                     cle which has been left unattended or                     fire official, or the Military Police.
                                                                     abandoned on a street, road, highway,                       (e) Ground guides will be posted, dur-
                                                                     parking lot, or any other real property                   ing backing, at the left rear of any 3⁄4
                                                                     of the installation for a period of at                    ton or larger vehicle.
                                                                     least 72 hours may be authorized by the                     (f) All vehicles carrying a load will
                                                                     Provost Marshal or his designee to                        have the load secured and/or covered to
                                                                     cause said motor vehicle to be moved                      prevent the load from blowing or
                                                                     to an impoundment lot for storage.                        bouncing off the vehicle.
                                                                        (b) Any MP or DOD police officer                         (g) A red flag or red light, visible for
                                                                     who, under the provisions of this sec-                    at least 100 feet from the rear will be
                                                                     tion, causes any motor vehicle to be                      attached to any load protruding be-
                                                                     moved to an impoundment lot or other                      yond the rear of any vehicle.
                                                                     temporary place of safety is acting                         (h) Troop marches, physical training
                                                                     with proper authority and within the                      runs, etc., will not be conducted in a
                                                                     scope of that officer’s employment, ex-                   manner that will interfere with motor
                                                                     cept that any wanton or intentional                       vehicle traffic on the Fort Stewart/
                                                                     damage done to any motor vehicle by                       Hunter Army Airfield reservation.
                                                                     any MP or DOD police officer should
                                                                                                                                 (1) Units participating in parades and
                                                                     not be within the scope of either that
                                                                                                                               related practices, road marches, etc.,
                                                                     officer’s authority or employment.
                                                                                                                               will not conduct such marches upon
                                                                        (c) Unit commanders, with knowl-
                                                                                                                               any hard surface road or traffic way
                                                                     edge of an abandoned vehicle in their
                                                                                                                               unless coordination has been made
                                                                     unit area, should attempt to identify
                                                                                                                               with the Provost Marshal Office.
                                                                     the owner and have them remove the
                                                                     vehicle. When owners cannot be identi-                      (2) Physical training runs, exercises,
                                                                     fied or are no longer assigned to this                    or tests will not be conducted upon any
                                                                     command, unit commanders will notify                      hard surface road or traffic way unless
                                                                     the MP’s to initiate impoundment pro-                     such is specifically allowed in 24th In-
                                                                     cedures.                                                  fantry Division (Mechanized) and Fort
                                                                        (d) Civilian vehicles left abandoned                   Stewart Regulation 350–1.
                                                                     on the reservation will be towed to an                      (i) Congested housing areas on the in-
                                                                     impoundment lot for further disposi-                      stallation require special precaution on
                                                                     tion.                                                     the part of drivers and persons living in
                                                                        (e) Personnel experiencing motor ve-                   those areas.
                                                                     hicle trouble may authorize the MP                          (1) Parents can assist drivers in this
                                                                     desk to obtain the assistance of a civil-                 regard by reminding their children
                                                                     ian wrecker, but in doing so, the gov-                    that housing area streets are ex-
                                                                     ernment assumes no liability of pay-                      tremely dangerous and that playing in
                                                                     ment for such services or possible re-                    the street is prohibited.
                                                                     sulting damage.                                             (2) Bus stops are sites particularly
                                                                                                                               prone to large numbers of children
                                                                     § 636.32 Miscellaneous instructions.                      playing immediately adjacent to or ac-
                                                                        (a) All unattended motor vehicles                      tually in the roadway while awaiting
                                                                     will have the engine stopped and the                      arrival of the school bus.
                                                                     ignition locked.                                            (3) Complaints received by the MP
                                                                        (b) Vehicles will not be operated                      desk, concerning children playing in
                                                                     when so loaded with passengers and/or                     the streets, must be investigated in the
                                                                     goods that the driver’s view is blocked                   interest of safety. Repeated violations
                                                                     or control over the driving mechanism                     could result in further action by the
                                                                     is interfered with.                                       chain of command.
                                                                        (c) Drivers, other than on official                      (j) Vehicles and/or trailers will not be
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                                                                     business, will not follow any emer-                       towed with a chain or rope (vehicles
                                                                     gency vehicle, operating under emer-                      may be towed by another privately

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                                                                     Department of the Army, DoD                                                                         § 636.33

                                                                     owned vehicle by use of a rigid tow                       minating 500 feet to the front. Motor-
                                                                     bar).                                                     cycles will have one headlight.
                                                                       (k) At entrances to Fort Stewart/                         (2) Tail Lamps—every vehicle will
                                                                     Hunter Army Airfield where a gate                         have at least one red, self-illuminating
                                                                     guard is positioned, drivers are re-                      lamp, on the rear of the vehicle, visible
                                                                     quired to obey his/her instructions.                      from 500 feet to the rear.
                                                                     During hours of darkness, headlights                        (3) Registration Plate Lamp—every
                                                                     will be switched to parking lights upon                   vehicle will have a lamp designed to il-
                                                                     approach to the gate.                                     luminate the registration plate with
                                                                       (l) Motorists will drive with head-                     white light making the plate legible
                                                                     lights illuminated at any time from a                     from a distance of 50 feet.
                                                                     half hour after sunset to a half hour be-                   (4) Rear Reflectors—every vehicle,
                                                                     fore sunrise and at any time when it is                   except motorcycles, will have two red
                                                                     raining in the driving zone and at any                    reflectors on the rear. Motorcycles will
                                                                     other time when there is not sufficient                   have one red reflector.
                                                                     visibility to render clearly discernible                    (5) Stop Lamp—every vehicle will
                                                                     persons and vehicles on the highway at                    have at least one red or yellow stop
                                                                     a distance of 500 feet ahead.                             lamp on the rear which will be actu-
                                                                       (m) Motor vehicles will not be oper-                    ated upon application of the foot
                                                                     ated if visibility to the front, rear, or                 brake.
                                                                     side is rendered unsafe and improper                        (6) Turn Signals—every vehicle will
                                                                     from fogged or iced-over windows.                         be equipped with electrical or mechan-
                                                                       (n) Aircraft runways, taxiways, and                     ical turn signals capable of indicating
                                                                     aprons at Hunter Army Airfield and                        any intention to turn either to the
                                                                     Wright Army Airfield and ‘‘OFF-LIM-                       right or to the left, and visible from
                                                                     ITS’’ to all privately owned vehicles.                    the front and rear. This requirement
                                                                                                                               does not apply to any motorcycle or
                                                                       (o) Extensive repairs to automobiles
                                                                                                                               motor-driven cycle manufactured prior
                                                                     will not be undertaken in housing
                                                                                                                               to 1 January 1972.
                                                                     areas, parking lots, or other similar
                                                                                                                                 (7) Brakes—every vehicle will be
                                                                     areas. Repairs extending over a 24 hour
                                                                                                                               equipped with brakes adequate to con-
                                                                     period will be considered extensive.
                                                                                                                               trol the movement of and to stop and
                                                                       (p) Tactical vehicles will not be driv-
                                                                                                                               hold such vehicle.
                                                                     en in housing areas. Post police or ve-
                                                                                                                                 (8) Horn—every vehicle will be
                                                                     hicles on similar details may drive in
                                                                                                                               equipped with an operable horn, capa-
                                                                     the housing areas as required.
                                                                                                                               ble of emitting sound audible for at
                                                                       (q) Active duty personnel residing on                   least 200 feet.
                                                                     post are encouraged to have their pri-                      (9) Muffler—every vehicle will have a
                                                                     vately owned bicycles, ‘‘go-carts,’’ and                  muffler in good working order and in
                                                                     ‘‘minibikes’’ registered with the Pro-                    constant operation.
                                                                     vost Marshal’s Office (Registration                         (10) Mirror—every vehicle, from
                                                                     Branch) in conjunction with the Instal-                   which the driver’s view is obstructed,
                                                                     lation Crime Prevention Program.                          will be equipped with a mirror reflect-
                                                                       (r) All personnel operating a vehicle                   ing a view of the highway for a dis-
                                                                     on Fort Stewart/Hunter Army Airfield                      tance of at least 200 feet to the rear.
                                                                     will have proof of insurance for the ve-                    (11) Windows—the view through vehi-
                                                                     hicle, in the vehicle at all times.                       cle windows will not be obstructed by
                                                                                                                               any sign, poster, or other nontrans-
                                                                     § 636.33 Vehicle safety inspection cri-                   parent material. Windshields and rear
                                                                         teria.
                                                                                                                               windows will not have starburst or spi-
                                                                       (a) The vehicle safety inspection cri-                  der webbing effect greater than 3
                                                                     teria listed in this paragraph (a) are                    inches by 3 inches. No opaque or solid
                                                                     general in nature; specific evaluation                    material including, but not limited to
                                                                     techniques for these criteria are con-                    cardboard, plastic, or taped glass will
                                                                     tained in Georgia Traffic Law.                            be employed in lieu of glass.
                                                                       (1) Headlights—every vehicle, except                      (12) Windshield Wipers—every vehi-
                                                                     motorcycles, will have at least two                       cle, except motorcycles, will be
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                                                                     headlights, one on each side of the                       equipped with operable windshield wip-
                                                                     front of the vehicle, capable of illu-                    ers.

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                                                                     § 636.34                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                       (13) Tires—every vehicle will be                        ment for wearing hearing protection
                                                                     equipped with serviceable rubber tires                    when conditions or good judgment dic-
                                                                     which will have a tread depth of at                       tate use of such protection.
                                                                     least two thirty-seconds of an inch.
                                                                       (14) Suspension Systems—no vehicle                      § 636.36    Alcoholic beverages.
                                                                     will have its rear end elevated above                       (a) Consuming alcoholic beverages as
                                                                     the vehicle manufacturer’s designated                     an operator or passenger in or on U.S.
                                                                     height (49 CFR 570.8).                                    Government or privately owned vehi-
                                                                       (b) The criteria listed in paragraph                    cles is prohibited.
                                                                     (a) of this section are not necessarily                     (b) Consuming alcoholic beverages on
                                                                     an inclusive list. A vehicle may be                       any roadway, parking lot, or where
                                                                     deemed unsafe to operate when any                         otherwise posted is prohibited.
                                                                     part of the vehicle is defective and ren-                   (c) Having open containers of alco-
                                                                     ders the vehicle dangerous to others.                     holic beverages in vehicles or areas not
                                                                                                                               designated for the consumption of alco-
                                                                     § 636.34 Restraint systems.
                                                                                                                               hol is prohibited.
                                                                        (a) Restraint systems (seat belts) will
                                                                     be worn by all operators and pas-                         § 636.37    Use of ‘‘Denver Boot’’ device.
                                                                     sengers of U.S. Government vehicles on                      The ‘‘Denver Boot’’ device will be
                                                                     or off the installations.                                 used by Military Police as an addi-
                                                                        (b) Restraint systems will be worn by                  tional technique to assist in the en-
                                                                     all civilian personnel (family members,                   forcement of parking violations when
                                                                     guests, and visitors) driving or riding                   other reasonably effective but less re-
                                                                     in a private owned vehicle on the Fort                    strictive means of enforcement (such
                                                                     Stewart/Hunter Army Airfield installa-                    as warnings, ticketing, reprimands,
                                                                     tions.                                                    suspensions, or revocations of on-post
                                                                        (c) Restraint systems will be worn by                  driving privileges) have failed, or im-
                                                                     all soldiers and Reserve Component                        mobilization of the private owned vehi-
                                                                     members on active Federal service                         cle is necessary for safety.
                                                                     driving or riding in a private owned ve-                    (a) The use of booting devices will be
                                                                     hicle whether on or off the installa-                     limited to application by the Military
                                                                     tions.                                                    Police under the following conditions:
                                                                        (d) Infant/child restraint devices (car
                                                                                                                                 (1)    Immobilization      of   unsafe,
                                                                     seats) are required in private owned ve-
                                                                                                                               uninspected, or unregistered vehicles.
                                                                     hicles for children 4 years old or under
                                                                                                                                 (2) Immobilization of vehicles in-
                                                                     and not exceeding 45 pounds in weight.
                                                                                                                               volved in criminal activity.
                                                                        (e) Restraint systems are required
                                                                                                                                 (3) For repeat offenders of the park-
                                                                     only in cars manufactured after model
                                                                                                                               ing violations outlined in this supple-
                                                                     year 1966.
                                                                                                                               ment. Three or more parking viola-
                                                                        (f) The operator of a vehicle is re-
                                                                                                                               tions within 6 months constitutes
                                                                     sponsible for ensuring the use of seat
                                                                                                                               grounds to boot the vehicle.
                                                                     belts, shoulder restraints, and child re-
                                                                     straining systems when applicable and                       (4) At the discretion of the Provost
                                                                     may be cited for failure to comply (40                    Marshal or his designee, on a case-by-
                                                                     U.S.C. 318a).                                             case basis.
                                                                        (g) Passengers (over the age of 16) are                  (b) Booted vehicle will be marked, for
                                                                     responsible for ensuring that their seat                  driver notification, by placing an or-
                                                                     belts/shoulder restraints are used when                   ange in color notice on the vehicle
                                                                     applicable and may be cited for failure                   windshield. The notice will contain in-
                                                                     to comply (40 U.S.C. 318a).                               formation on why the vehicle was boot-
                                                                                                                               ed and instructions on how to have the
                                                                     § 636.35 Headphones and earphones.                        booting device properly removed by the
                                                                                                                               Military Police (see figure 636.37).
                                                                        The wearing of headphones or ear-
                                                                     phones is prohibited while driving a                          FIGURE 636.37. DRIVER BOOTING DEVICE
                                                                     U.S. Government vehicle, POV, motor-                                          NOTICE
                                                                     cycle, or other self-propelled two-                       1. Your vehicle is illegally parked and has
                                                                     wheel, three-wheel, or four-wheel vehi-                     been secured in place by the Military Po-
cprice-sewell on PRODPC61 with CFR




                                                                     cle powered by a motorcycle type en-                        lice with a vehicle restraining device. Do
                                                                     gine. This does not negate the require-                     not move this vehicle until the restraining

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                                                                     Department of the Army, DoD                                                                         § 636.38
                                                                       device is properly removed by the Military                (i) An attempt will be made to locate
                                                                       Police.                                                 the owner of the privately owned vehi-
                                                                     2. Any movement, or attempted movement,                   cle and have the vehicle removed.
                                                                       of this vehicle could result in damage to                 (ii) The vehicle may be moved a short
                                                                       the device and the vehicle. You will be re-
                                                                                                                               distance to a legal parking area and
                                                                       sponsible for any such damage to the vehi-
                                                                       cle and/or the restraining device.
                                                                                                                               temporarily secured until the owner is
                                                                     3. Any removal, or attempted removal, of the              located.
                                                                       device could result in you being charged                  (iii) Another responsible person may
                                                                       with a criminal offense.                                be allowed to drive or tow the privately
                                                                     4. To have this device properly removed by                owned vehicle with permission from
                                                                       the Military Police, contact the following:             the owner, operator, or person empow-
                                                                                                                               ered to control the vehicle. In this
                                                                            Mon-Fri, 7: a.m.–5: p.m., Bldg 292,                case, the owner, operator, or person
                                                                                     Phone 767–2848/8659                       empowered to control the vehicle will
                                                                                                                               be informed that the Military Police
                                                                       Non-Duty Hours, Bldg 285, Phone 767–2822                are not responsible for safeguarding
                                                                                                                               the privately owned vehicle.
                                                                                             Notice
                                                                                                                                 (3) Impounding of privately owned ve-
                                                                     § 636.38 Impounding privately owned                       hicle is justified when any of the fol-
                                                                         vehicles (POVs).                                      lowing conditions exist:
                                                                                                                                 (i) The privately owned vehicle is il-
                                                                       This section provides the standards                     legally parked—
                                                                     and      procedures       for     towing,                   (A) On a street or bridge, or is double
                                                                     inventorying, searching, impounding,                      parking and interferes with the orderly
                                                                     and disposing of private owned vehi-                      flow of traffic.
                                                                     cles.                                                       (B) On a sidewalk, within an intersec-
                                                                       (a) Implied consent to vehicle impound-                 tion, or a cross-walk, on a railroad
                                                                     ment. Any person granted the privilege                    track, in a fire lane, or is blocking a
                                                                     of operating a motor vehicle on the                       driveway, so that the vehicle interferes
                                                                     Fort Stewart/Hunter Army Airfield in-                     with the operations or creates a safety
                                                                     stallations shall be deemed to have                       hazard to other roadway users or the
                                                                     given his or her consent for the re-                      general public. An example would be a
                                                                     moval and temporary impoundment of                        vehicle parked within 15 feet of a fire
                                                                     the privately owned vehicle when it is                    hydrant or blocking a properly marked
                                                                     parked illegally for unreasonable peri-                   driveway of a fire station or aircraft-
                                                                     ods, interfering with operations, cre-                    alert crew facility.
                                                                     ating a safety hazard, disabled by acci-                    (C) When blocking an emergency exit
                                                                     dent, left unattended in a restricted or                  door of any public place (installation
                                                                     controlled area, or abandoned. Such ve-                   theater, club, dining facility, hospital,
                                                                     hicles will be towed by a contracted ci-                  or other facility).
                                                                     vilian wrecker service and placed in                        (D) In a ‘‘tow-away’’ zone that is so
                                                                     that service’s storage lot. Such persons                  marked with proper signs.
                                                                     further agree to reimburse the civilian                     (ii) The privately owned vehicle
                                                                     wrecker service for the cost of towing                    interferes with—
                                                                     and storage should their vehicle be re-                     (A) Street cleaning operations and
                                                                     moved or impounded.                                       attempts to contact the owner have
                                                                       (b) Standards of impoundment. (1) Pri-                  been unsuccessful.
                                                                     vately owned vehicles will not be im-                       (B) Emergency operations during a
                                                                     pounded unless they clearly interfere                     natural disaster or fire or must be re-
                                                                     with ongoing operations or movement                       moved from the disaster area during
                                                                     of traffic, threaten public safety or                     cleanup operations.
                                                                     convenience, are involved in criminal                       (iii) The privately owned vehicle has
                                                                     activity, contain evidence of criminal                    been used in a crime or contains evi-
                                                                     activity, or are stolen or abandoned.                     dence of criminal activity.
                                                                       (2) The impoundment of a privately                        (iv) The owner or person in charge
                                                                     owned vehicle is inappropriate when                       has been apprehended and is unable or
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                                                                     reasonable alternatives to impound-                       unwilling to arrange for custody or re-
                                                                     ment exist.                                               moval.

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                                                                     § 636.38                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                       (v) The privately owned vehicle is                      hicle need not be inventoried. Such ar-
                                                                     mechanically defective and is a menace                    ticles should be opened only if nec-
                                                                     to others using the public roadways.                      essary to identify the owner of the ve-
                                                                       (vi) The privately owned vehicle is                     hicle or if the container might contain
                                                                     disabled by a traffic incident and the                    explosives or otherwise present a dan-
                                                                     operator is either unavailable or phys-                   ger to the public. Merely listing the
                                                                     ically incapable of having the vehicle                    container and sealing it with security
                                                                     towed to a place of safety for storage                    tape will suffice.
                                                                     or safekeeping.                                             (C) Personal property will be placed
                                                                       (vii) Military Police reasonably be-                    in the Military Police found property
                                                                     lieve the vehicle is abandoned.                           room for safe keeping.
                                                                       (c) Towing and storage. (1) Impounded                     (iv) DD Form 2507 (Notice of Vehicle
                                                                     privately owned vehicles will be towed                    Impoundment) will be forwarded by
                                                                     and stored by a contracted wrecker                        certified mail to the address of the last
                                                                     service.                                                  known owner of the vehicle to advise
                                                                       (2) An approved impoundment area                        the owner of the impoundment action,
                                                                     belonging to the contracted worker                        and request information concerning
                                                                     service will be used for the storage of                   the owner’s intentions pertaining to
                                                                     impounded vehicles. This area will as-                    the disposition of the vehicle.
                                                                     sure adequate accountability and secu-                      (2) Stolen privately owned vehicles or
                                                                     rity of towed vehicles. One set of keys
                                                                                                                               vehicles involved in criminal activity. (i)
                                                                     to the enclosed area will be maintained
                                                                                                                               When the privately owned vehicle is to
                                                                     by the Military Police.
                                                                                                                               be held for evidentiary purposes, the
                                                                       (3) Temporary impoundment and
                                                                                                                               vehicle will remain in the custody of
                                                                     towing of privately owned vehicles for
                                                                                                                               the Military Police or CID until law
                                                                     violations of this supplement or in-
                                                                                                                               enforcement purposes are served.
                                                                     volvement in criminal activities will
                                                                     be accomplished under the direct su-                        (ii) Recovered stolen privately owned
                                                                     pervision of the Military Police.                         vehicles will be released to the reg-
                                                                       (d) Procedure for impoundment. (1) Un-                  istered owner, unless held for evi-
                                                                     attended privately owned vehicles.                        dentiary purposes, or to the law en-
                                                                       (i) DD Form 2504 (Abandoned Vehicle                     forcement agency reporting the vehicle
                                                                     Notice) will be conspicuously placed on                   stolen.
                                                                     privately owned vehicles considered                         (iii) A privately owned vehicle held
                                                                     unattended. This action will be docu-                     on request of other authorities will be
                                                                     mented by an entry in the Military Po-                    retained in the custody of the Military
                                                                     lice desk journal.                                        Police or CID until the vehicle can be
                                                                       (ii) The owner will be allowed three                    released to such authorities.
                                                                     days from the date the privately owned                      (e) Search incident to impoundment
                                                                     vehicle is tagged to remove the vehicle                   based on criminal activity. Search of a
                                                                     before impoundment action is initi-                       privately owned vehicle in conjunction
                                                                     ated. If the vehicle has not been re-                     with impoundment based on criminal
                                                                     moved after three days, it will be re-                    activity will likely occur in one of the
                                                                     moved by a contracted civilian wrecker                    following general situations:
                                                                     service. A DD Form 2505 (Abandoned                          (1) The owner or operator is not
                                                                     Vehicle Removal Authorization) will                       present. This situation could arise dur-
                                                                     be completed and issued to the con-                       ing traffic and crime-related impound-
                                                                     tractor by the Military Police.                           ments and abandoned vehicle seizures.
                                                                       (iii) After the vehicle has been re-                    A property search related to an inves-
                                                                     moved, the Military Police will com-                      tigation of criminal activity should not
                                                                     plete DD Form 2506 (Vehicle Impound-                      be conducted without search authority
                                                                     ment Report) as a record of the actions                   unless the item to be seized is in plain
                                                                     taken.                                                    view or is readily discernible on the
                                                                       (A) An inventory listing personal                       outside as evidence of criminal activ-
                                                                     property will be done to protect the                      ity. When in doubt, proper search au-
                                                                     owner, Military Police, the Contractor,                   thority should be sought, during duty
                                                                     and the Commander.                                        hours, through the Chief, Criminal Law
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                                                                       (B) The contents of a closed con-                       Branch of the Office of Staff Judge Ad-
                                                                     tainer such as a suitcase inside the ve-                  vocate and after duty hours from the

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                                                                     Department of the Army, DoD                                                                         Pt. 637

                                                                     Duty Judge Advocate, before search-                       AFZP Form Letter 316, Suspension of Driv-
                                                                     ing.                                                       ing Privileges
                                                                        (2) The owner or operator is present.                  DA Form 3946, Military Police Traffic Acci-
                                                                                                                                dent Report
                                                                     This situation can occur during either                    DA Form 3975, Military Police Report
                                                                     a traffic or criminal incident, or if the                 DD Form 1920, Alcohol Influence Report
                                                                     operator is apprehended for a crime or                    DD Form 2220, DOD Registered Vehicle
                                                                     serious traffic violation and sufficient                  DD Form 2504, Abandoned Vehicle Notice
                                                                     probable cause exists to seize the vehi-                  DD Form 2505, Abandoned Vehicle Removal
                                                                     cle. This situation could also arise dur-                  Authorization
                                                                                                                               DD Form 2506, Vehicle Impoundment Report
                                                                     ing cases of intoxicated driving or traf-
                                                                                                                               DD Form 2507, Notice of Vehicle Impound-
                                                                     fic accidents in which the operator is                     ment
                                                                     present but incapacitated or otherwise
                                                                     unable to make adequate arrangements                                      Other References
                                                                     to safeguard the vehicle. If danger ex-                     8 U.S.C. 13.
                                                                     ists to the Military Police or public or                    40 U.S.C. 318a.
                                                                     if there is risk of loss or destruction of                  Memorandum of Understanding, Subject:
                                                                     evidence, an investigative type search                    Seizure of Assets for Administrative For-
                                                                     of the vehicle may be conducted with-                     feiture in Drug Related Cases.
                                                                     out search authority.
                                                                                                                                      APPENDIXES B-C TO PART 636
                                                                        (f) Disposition of vehicles after im-                                [RESERVED]
                                                                     poundment. (1) If a privately owned ve-
                                                                     hicle is impounded for evidentiary pur-                     APPENDIX D TO PART 636—GLOSSARY
                                                                     poses, the vehicle can be held for as
                                                                     long as the evidentiary or law enforce-                     In addition to the terms listed in appendix
                                                                     ment purpose exists. The vehicle must                     D to part 634 of this subchapter, the fol-
                                                                                                                               lowing terms apply:
                                                                     then be returned to the owner without
                                                                                                                               ATV—All Terrain Vehicles
                                                                     delay unless directed otherwise by
                                                                                                                               CID—Criminal Investigation Division
                                                                     competent authority.                                      CUCV—Commercial Utility Cargo Vehicle
                                                                        (2) If the vehicle is unclaimed after 45               DDC—Defensive Driving Course
                                                                     days from the date notification was                       DOD—Department of Defense
                                                                     mailed to the last known owner or the                     DPCA—Directorate of Personnel and Com-
                                                                     owner released the vehicle by properly                      munity Activities
                                                                     completing DD Form 2505, the vehicle                      DUI—Driving Under the Influence
                                                                     will be disposed of by one of the fol-                    DDC—Motorcycle Defensive Driving Course
                                                                                                                               MP—Military Police
                                                                     lowing procedures:                                        NLT—Not later than
                                                                        (i) Release to the lienholder, if                      USAREUR—United States Army—Europe
                                                                     known.
                                                                        (ii) Processed as abandoned property                        PART 637—MILITARY POLICE
                                                                     in accordance with DOD 4160.21–M.
                                                                                                                                          INVESTIGATION
                                                                      APPENDIX A TO PART 636—REFERENCES
                                                                                                                                           Subpart A—Investigations
                                                                       Publications and forms referenced in this
                                                                     part may be viewed at the Office of the Pro-              Sec.
                                                                     vost Marshall on any major Army installa-                 637.1 General.
                                                                     tion or may be obtained from the National                 637.2 Use of MPI and DAC Detectives/Inves-
                                                                     Technical Information Service, U.S. Depart-                   tigators.
                                                                     ment of Commerce, 5285 Port Royal Road,                   637.3 Installation Commander.
                                                                     Springfield, VA 22161.                                    637.4 Military Police and the USACIDC.
                                                                       In addition to the related publications list-           637.5 Off-post investigations.
                                                                     ed in appendix A to part 634 of this sub-                 637.6 Customs investigations.
                                                                     chapter, the following publications provide a             637.7 Drug enforcement activities.
                                                                     source of additional information:                         637.8 Identification of MPI.
                                                                                                                               637.9 Access to U.S. Army facilities and
                                                                     FS Reg 190–7, Emergency Vehicle Operation                     records.
                                                                     FS Reg 350–1, Active Component Training                   637.10 Authority to apprehend or detain.
                                                                     FS Reg 385–14, Post Range Regulation                      637.11 Authority to administer oaths.
                                                                     FS Reg 755–2, Lost, Abandoned, or Unclaimed               637.12 Legal considerations.
                                                                       Privately Owned Personal Property                       637.13 Retention of property.
                                                                       In addition to the prescribed forms used in             637.14 Use of National Crime Information
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                                                                     appendix A to part 634 of this subchapter, the                Center (NCIC).
                                                                     following forms should be used:                           637.15 Polygraph activities.

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                                                                     § 637.1                                                                32 CFR Ch. V (7–1–08 Edition)
                                                                     637.16 Evidence.                                          fiers (ASI V5) and may be employed in
                                                                     637.17 Police Intelligence.                               any assignment appropriate to their
                                                                     637.18 Electronic equipment rocedures.                    grade and MOS.
                                                                     637.19 Overseas MP desk.
                                                                     637.20 Security surveillance systems.                       (c) The provost marshal may author-
                                                                     637.21 Recording interviews and interroga-                ize wearing of civilian clothing for the
                                                                         tions.                                                MPI investigative mission.
                                                                                                                                 (d) MPI and DAC detective/investi-
                                                                                   Subpart B [Reserved]                        gator personnel must be familiar with
                                                                                                                               and meet the requirements of Army
                                                                       AUTHORITY: 28 U.S.C. 534 note, 42 U.S.C.                Regulation (AR) 190–14 (Carrying of
                                                                     10601, 18 U.S.C. 922, 42 U.S.C. 14071, 10 U.S.C.          Firearms and Use of Force for Law En-
                                                                     1562, 10 U.S.C. Chap. 47.
                                                                                                                               forcement and Security Duties).
                                                                       SOURCE: 70 FR 36029, June 22, 2005, unless
                                                                     otherwise noted.                                          § 637.2 Use of MPI and DAC Detec-
                                                                                                                                    tives/Investigators.
                                                                            Subpart A—Investigations                              Only those matters requiring inves-
                                                                                                                               tigative development will be referred
                                                                     § 637.1 General.                                          to the MPI for investigation. Provost
                                                                        (a) Military Police Investigators                      marshals will develop procedures to de-
                                                                     (MPI) and Department of the Army Ci-                      termine which incidents will be re-
                                                                     vilian (DAC) detectives/investigators                     ferred to the MPI for completion and
                                                                     fulfill a special need for an investiga-                  which will be retained and completed
                                                                     tive element within the military police                   by uniformed MP personnel. Except as
                                                                     to investigate many incidents, com-                       otherwise provided, MPI and DAC de-
                                                                     plaints, and matters not within U.S.                      tectives/investigators will normally be
                                                                     Army Criminal Investigation Com-                          employed in the following investiga-
                                                                     mand (USACIDC) jurisdiction, but                          tions:
                                                                     which cannot be resolved immediately                         (a) Offenses for which the maximum
                                                                     through routine military police oper-                     punishment listed in the Table of Max-
                                                                     ations. Investigative personnel are as-                   imum Punishment, Manual for Courts-
                                                                     sets of the installation or activity com-                 Martial, United States, 2002 is confine-
                                                                     mander, under the supervision of the                      ment for 1 year or less. Provisions of
                                                                     local provost marshal. USACIDC ele-                       the Federal Assimilative Crimes Act
                                                                     ments will provide investigative assist-                  will also be considered when assigning
                                                                     ance in the form of professional exper-                   cases to MPI. The same punishment
                                                                     tise, laboratory examinations, poly-                      criteria apply.
                                                                     graph examinations, or any other as-                         (b) Property-related offenses when
                                                                     sistance requested which does not dis-                    the value is less than $1,000 provided
                                                                     tract from the USACIDC mission of in-                     the property is not of a sensitive na-
                                                                     vestigating serious crimes. A spirit of                   ture, such as government firearms, am-
                                                                     cooperation and close working rela-                       munition, night vision devices, or con-
                                                                     tionship is essential between USACIDC                     trolled substances.
                                                                     and the provost marshal office in order                      (c) Offenses involving use and/or pos-
                                                                     to accomplish the mission and project                     session of non-narcotic controlled sub-
                                                                     a professional police image.                              stances when the amounts are indic-
                                                                        (b) Creation of a formalized inves-                    ative of personal use only. Military po-
                                                                     tigation program does not constitute                      lice will coordinate with the local
                                                                     the establishment of a dual ‘‘detective’’                 USACIDC element in making deter-
                                                                     force. The separation of investigative                    minations of ‘‘personal use’’. MPI and
                                                                     responsibilities is very distinct. The                    DAC detectives/investigators may be
                                                                     MPI Program is neither a career pro-                      employed in joint MPI/USACIDC drug
                                                                     gram nor a separate Military Occupa-                      suppression teams; however, the con-
                                                                     tional Specialty (MOS). Individuals in                    duct of such operations and activities
                                                                     the MPI Program are specially se-                         remain the responsibility of USACIDC.
                                                                     lected, trained, and experienced mili-                    When employed under USACIDC super-
                                                                     tary or civilian men and women per-                       vision, MPI and DAC detectives/inves-
                                                                     forming traditional military police                       tigators may also be utilized to make
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                                                                     functions. Military personnel are iden-                   controlled buys of suspected controlled
                                                                     tified by their additional skill identi-                  substances.

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                                                                     Department of the Army, DoD                                                                         § 637.4

                                                                       (d) Activities required for the secu-                   crime scene when the military police
                                                                     rity and protection of persons and                        have investigative responsibility. To
                                                                     property under Army control, to in-                       prevent the possible loss or destruction
                                                                     clude support of Armed Forces Dis-                        of evidence, the investigator or super-
                                                                     ciplinary Control Boards as prescribed                    visor in charge of the crime scene is
                                                                     in AR 190–24. If MPI detect a crime-                      authorized to exclude all personnel
                                                                     conducive condition during the course                     from the scene. The exercise of this au-
                                                                     of an investigation, the appropriate                      thority in a particular case may be
                                                                     physical security activity will be                        subject to the requirement to preserve
                                                                     promptly notified. Crime-conducive                        human life and the requirement for
                                                                     conditions will also be identified in                     continuing necessary operations and
                                                                     military police reports.                                  security. These should be determined
                                                                       (e) Allegations against MP personnel,                   in conjunction with the appropriate
                                                                     when not within the investigative re-                     commander and, where applicable,
                                                                     sponsibilities of USACIDC.                                local host country law enforcement au-
                                                                       (f) Offenses committed by juveniles,                    thorities.
                                                                     when not within the investigative re-                       (d) Unit commanders should consult
                                                                     sponsibilities of USACIDC.                                with the installation provost marshal
                                                                       (g) Gang or hate crime related activ-                   concerning all serious incidents. Exam-
                                                                     ity, when not within the investigative                    ples of incidents appropriate for inves-
                                                                     responsibilities of USACIDC.                              tigation at the unit level include sim-
                                                                                                                               ple assaults not requiring hospitaliza-
                                                                     § 637.3 Installation Commander.                           tion and not involving a firearm, or
                                                                        The installation commander, whose                      wrongful damage to property of a value
                                                                     responsibilities include ensuring good                    under $1,000. Other incidents should be
                                                                     order and discipline on his installation,                 immediately referred to the installa-
                                                                     has authority to order the initiation of                  tion provost marshal.
                                                                     a criminal investigation upon receipt                       (e) The military police desk is the of-
                                                                     of information of activity of a criminal                  ficial point of contact for initial com-
                                                                     nature occurring on the installation.                     plaints and reports of offenses. The
                                                                                                                               provisions of AR 190–45 are to be fol-
                                                                     § 637.4 Military    Police   and     the                  lowed for all military police records,
                                                                          USACIDC.                                             reports, and reporting.
                                                                        (a) The military police or the                           (1) When incidents are reported di-
                                                                     USACIDC are authorized to investigate                     rectly to a USACIDC field element,
                                                                     allegations of criminal activity occur-                   USACIDC may either direct the report-
                                                                     ring on the installation. Nothing in                      ing person to the MP desk or report the
                                                                     this paragraph is intended to conflict                    incident to the MP desk themselves.
                                                                     with or otherwise undermine the delin-                      (2) Upon receipt of the complaint or
                                                                     eation of investigative responsibilities                  report of offense, the MP desk will dis-
                                                                     between the military police and the                       patch an available patrol to the scene
                                                                     USACIDC as set forth in AR 195–2.                         of the incident. The patrol will take
                                                                        (b) When investigative responsibility                  appropriate measures to include locat-
                                                                     is not clearly defined, and the matter                    ing the complainant, witnesses, sus-
                                                                     cannot be resolved between military                       pects, and victims, apprehending of-
                                                                     police investigations supervisors and                     fenders, securing the crime scene, ren-
                                                                     USACIDC duty personnel, or between                        dering emergency assistance, deter-
                                                                     military police investigations super-                     mining and reporting to the MP desk,
                                                                     visors and unit commanders, the pro-                      by the most expeditious means pos-
                                                                     vost marshal will be informed and will                    sible, the appropriate activity having
                                                                     resolve the matter with the appro-                        investigative responsibility.
                                                                     priate USACIDC activity commander/                          (f) In those cases in which the
                                                                     Special Agent in Charge (SAC) or unit                     USACIDC has an ongoing investigation
                                                                     commander.                                                (typically fraud and narcotics mat-
                                                                        (c) The control and processing of a                    ters), they may delay notification to
                                                                     crime scene and the collection and                        the military police to avoid compro-
                                                                     preservation of the evidence are the ex-                  mising their investigation.
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                                                                     clusive responsibilities of the investi-                    (g) Procedures will be developed to
                                                                     gator or supervisor in charge of the                      ensure mutual cooperation and support

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                                                                     § 637.5                                                                32 CFR Ch. V (7–1–08 Edition)

                                                                     between MPI, DAC detectives/inves-                        § 637.6     Customs investigations.
                                                                     tigators and USACIDC elements at
                                                                                                                                 (a) Customs violations will be inves-
                                                                     each investigative level; however, MPI,
                                                                                                                               tigated as prescribed in AR 190–41.
                                                                     DAC      detectives/investigators   and
                                                                                                                               When customs authorities find unau-
                                                                     USACIDC personnel will remain under
                                                                                                                               thorized material such as contraband,
                                                                     command and control of their respec-
                                                                                                                               explosives, ammunition, unauthorized
                                                                     tive commanders at all times.
                                                                                                                               or illegal weapons or property, which
                                                                       (1) With the concurrence of the com-                    may be property of the U.S. Govern-
                                                                     mander concerned, MPI and DAC detec-                      ment, notification must be made via
                                                                     tives/investigators may provide assist-                   electronic message or facsimile to
                                                                     ance to USACIDC whenever elements                         HQDA, Office of the Provost Marshal
                                                                     assume responsibility for an investiga-                   General (DAPM–MPD–LE). All such no-
                                                                     tion from MPI.                                            tifications will be made to the military
                                                                       (2) When requested by a USACIDC re-                     police and investigated by CID or the
                                                                     gion, district, or the special agent-in-                  military police, as appropriate.
                                                                     charge of a resident agency, the pro-                       (b) Military police will receipt for all
                                                                     vost marshal may provide MPI or DAC                       seized or confiscated U.S. Government
                                                                     detective/investigator assistance to                      property and contraband shipped by
                                                                     USACIDC on a case-by-case basis or for                    U.S.     Army     personnel.    Property
                                                                     a specified time period.                                  receipted for by military police will be
                                                                       (3) With the concurrence of the ap-                     accounted for, and disposed of, in ac-
                                                                     propriate USACIDC commander, CID                          cordance with evidence procedures out-
                                                                     personnel may be designated to assist                     lined in AR 195–5.
                                                                     MPI or DAC detectives/investigators on                      (c) When it has been determined that
                                                                     a case-by-case basis without assuming                     the subject of an MP customs inves-
                                                                     control of the investigation.                             tigation is no longer a member of the
                                                                       (4) Modification of investigative re-                   U.S. Army, the investigation will be
                                                                     sponsibilities is authorized on a local                   terminated, a final report submitted
                                                                     basis if the resources of either                          indicating the subject was released
                                                                     USACIDC or the military police cannot                     from the U.S. Army, and an informa-
                                                                     fully support their investigative work-                   tion copy of the report furnished to the
                                                                     load and suitable alternatives are not                    appropriate civil investigative agency.
                                                                     available. Such modifications will be                       (d) Recovery of weapons and signifi-
                                                                     by written agreement signed by the                        cant amounts of ammunition will be
                                                                     provost marshal and the supporting                        reported by the U.S. Army element
                                                                     USACIDC commander. Agreements will                        receipting for them from the U.S. Cus-
                                                                     be in effect for no more than two years                   toms Service in accordance with AR
                                                                     unless sooner superseded by mutual                        190–11 and AR 190–45.
                                                                     agreement.
                                                                                                                               § 637.7     Drug enforcement activities.
                                                                     § 637.5    Off-post investigations.
                                                                                                                                 Provost marshals and U.S. Army law
                                                                       (a) In Continental United States                        enforcement supervisors at all levels
                                                                     (CONUS), civilian law enforcement                         will ensure that active drug enforce-
                                                                     agencies, including state, county, or                     ment programs are developed and
                                                                     municipal authorities, or a Federal in-                   maintained, and that priorities for re-
                                                                     vestigative agency normally inves-                        sources reflect the critical and impor-
                                                                     tigate incidents occurring off-post.                      tant nature of the drug enforcement ef-
                                                                     When an incident of substantial inter-                    fort.
                                                                     est to the U.S. Army occurs off-post,                       (a) MPI and DAC detectives/inves-
                                                                     involving U.S. Army property or per-                      tigators will conduct investigations of
                                                                     sonnel, the military police exercising                    offenses involving use and possession of
                                                                     area responsibility will request copies                   non-narcotic controlled substances. A
                                                                     of the civilian law enforcement report.                   copy of all initial, interim and final
                                                                       (b) In Overseas areas, off-post inci-                   military police reports concerning drug
                                                                     dents will be investigated in accord-                     investigations will be provided to the
                                                                     ance with Status of Forces Agreements                     USACIDC at the local level. Enforce-
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                                                                     and other appropriate U.S. host nation                    ment activities will be coordinated
                                                                     agreements.                                               with the USACIDC at the local level.

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                                                                     Department of the Army, DoD                                                                         § 637.12

                                                                       (b) Any investigation of offenses in-                     (b) Upon presentation of proper iden-
                                                                     volving possession/use of non-narcotic                    tification when conducting an official
                                                                     controlled substances generated as a                      investigation, MPI and DAC detectives/
                                                                     result of another USACIDC investiga-                      investigators will be authorized access
                                                                     tion may be transferred to MPI with                       to information contained in medical
                                                                     the concurrence of both the supporting                    records and may request extracts or
                                                                     USACIDC commander and provost mar-                        transcripts. Medical records will re-
                                                                     shal.                                                     main under the control of the records
                                                                       (c) Elements of USACIDC will be pro-                    custodian who will make them avail-
                                                                     vided the opportunity to interview sub-                   able for courts-martial or other legal
                                                                     jects, suspects or witnesses in MPI or                    proceedings. Procedures for obtaining
                                                                     DAC detective investigations involving                    information from medical records are
                                                                     controlled substances without assum-                      contained in AR 40–66.
                                                                     ing responsibility for the investigation.
                                                                     MPI and DAC detectives/investigators                      § 637.10 Authority to apprehend or de-
                                                                     may also interview subjects, suspects                         tain.
                                                                     or witnesses of USACIDC investiga-                           MPI and DAC detectives/investiga-
                                                                     tions.                                                    tors have authority to make apprehen-
                                                                                                                               sions in accordance with Article 7, Uni-
                                                                     § 637.8 Identification of MPI.                            form Code of Military Justice (UCMJ);
                                                                        (a) During the conduct of investiga-                   Rule for Courts-Martial 302 (b)(1), Man-
                                                                     tions, MPI will identify themselves by                    ual for Courts-Martial, United States
                                                                     presenting their credentials and refer-                   2002 (Revised Edition). They may de-
                                                                     ring to themselves as ‘‘INVESTI-                          tain personnel for identification and
                                                                     GATOR.’’ When signing military police                     remand custody of persons to appro-
                                                                     records the title ‘‘Military Police In-                   priate civil or military authority as
                                                                     vestigator’’ may be used in lieu of mili-                 necessary. Civilians committing of-
                                                                     tary titles. Civilian personnel will refer                fenses on U.S. Army installations may
                                                                     to themselves as ‘‘INVESTIGATOR’’ if                      be detained until they can be released
                                                                     they are classified in the 1811 series,                   to the appropriate Federal, state, or
                                                                     and as ‘‘DETECTIVE’’ if they are in                       local law enforcement agency.
                                                                     the 083 series. Civilian personnel will
                                                                     use the title ‘‘DAC Investigator’’ or                     § 637.11 Authority to administer oaths.
                                                                     ‘‘DAC Detective’’; corresponding to                          MPI and DAC detectives/investiga-
                                                                     their classification series.                              tors have authority pursuant to Article
                                                                        (b) The use of titles such as ‘‘Mr.’’,                 136(b)(4), UCMJ to administer oaths to
                                                                     ‘‘Mrs.’’, ‘‘Miss’’ or ‘‘Ms.’’ in connection               military personnel who are subject to
                                                                     with an individual’s identification as                    the UCMJ. The authority to administer
                                                                     an MPI is prohibited, except when em-                     oaths to civilians who are not subject
                                                                     ployed in a covert investigative role.                    to the UCMJ is 5 U.S.C. 303(b).
                                                                     When MPI or DAC detectives/investiga-
                                                                     tors are employed in covert roles, su-                    § 637.12 Legal considerations.
                                                                     pervisors will ensure that coordination                      (a) Coordination between installation
                                                                     with USACIDC or civilian law enforce-                     judge advocates and investigators must
                                                                     ment agencies is accomplished as ap-                      occur during the conduct of investiga-
                                                                     propriate.                                                tions.
                                                                                                                                  (b) The use of the DA Form 3881
                                                                     § 637.9 Access to U.S. Army facilities                    (Rights Warning Procedure/Waiver Cer-
                                                                          and records.                                         tificate) to warn accused or suspected
                                                                        (a) MPI and DAC detectives/inves-                      persons of their rights is encouraged.
                                                                     tigators will be granted access to all                       (c) When necessary, investigators
                                                                     U.S. Army facilities, records or infor-                   will coordinate with a judge advocate
                                                                     mation when necessary for an ongoing                      or civilian attorney employed in the
                                                                     investigation, consistent with the in-                    Office of the Staff Judge Advocate for
                                                                     vestigator’s clearance for access to                      the purpose of establishing a legal
                                                                     classified national defense information,                  opinion as to whether sufficient cred-
                                                                     the requirements of medical confiden-                     ible evidence has been established to
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                                                                     tiality, and the provisions of applicable                 title an individual in a report. Inves-
                                                                     regulations.                                              tigators should also coordinate with

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                                                                     § 637.13                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     the Office of the Staff Judge Advocate                    year or more. Even though such an of-
                                                                     in drafting search warrants and in de-                    fense may be disposed of with a lesser
                                                                     termining whether probable cause ex-                      penalty, the person may be given a
                                                                     ists to conduct a search.                                 polygraph examination to eliminate
                                                                                                                               suspicion.
                                                                     § 637.13 Retention of property.                             (b) The person to be examined has
                                                                        Reports of investigation, photo-                       been interviewed and there is reason-
                                                                     graphs, exhibits, handwritten notes,                      able cause to believe that the person
                                                                     sketches, and other materials perti-                      has knowledge of, or was involved in,
                                                                     nent to an investigation, including cop-                  the matter under investigation.
                                                                     ies, negatives or reproductions, are the                    (c)    Consistent    with   the    cir-
                                                                     property of the U.S. Government, ei-                      cumstances, data to be obtained by
                                                                     ther as owner, or custodian.                              polygraph examination are needed for
                                                                                                                               further conduct of the investigation.
                                                                     § 637.14 Use of National Crime Infor-                       (d) Investigation by other means has
                                                                         mation Center (NCIC).                                 been as thorough as circumstances per-
                                                                        Provost marshals will make max-                        mit.
                                                                     imum use of NCIC terminals available                        (e) Examinee has been interviewed on
                                                                     to them, and will establish liaison with                  all relevant subjects requested for test-
                                                                     the U.S. Army Deserter Information                        ing and the polygraph examination is
                                                                     Point (USADIP) as necessary to ensure                     essential and timely.
                                                                     timely exchange of information on
                                                                     matters concerning deserters. The                         § 637.16 Evidence.
                                                                     USADIP will ensure replies to inquiries                      Military police are authorized to re-
                                                                     from provost marshals on subjects of                      ceive, process, safeguard and dispose of
                                                                     MP investigations are transmitted by                      evidence, to include non-narcotic con-
                                                                     the most expeditious means. Use of                        trolled substances, in accordance with
                                                                     NCIC will be in accordance with AR                        AR 195–5. If no suitable facility is
                                                                     190–27.                                                   available for the establishment of a
                                                                                                                               military police evidence depository or
                                                                     § 637.15 Polygraph activities.                            other operational circumstances so dic-
                                                                        MPI and DAC detectives/investiga-                      tate, the evidence custodian of the ap-
                                                                     tors will utilize the polygraph to the                    propriate USACIDC element may be re-
                                                                     full extent authorized. Requests for                      quested to receipt for and assume re-
                                                                     polygraph examination assistance will                     sponsibility for military police evi-
                                                                     be    forwarded    to   the    supporting                 dence. Personnel selected as military
                                                                     USACIDC element in accordance with                        police evidence custodians need not be
                                                                     provisions of AR 195–6. The investiga-                    trained as MPI and should not be
                                                                     tive or intelligence element requesting                   issued MPI credentials, unless they are
                                                                     approval to conduct a polygraph exam-                     also employed as operational MPI. Fur-
                                                                     ination will submit a completed DA                        ther information concerning evidence
                                                                     Form 2805 (Polygraph Examination Au-                      collection and examination procedures
                                                                     thorization) to the authorizing official.                 can be found in Field Manual (FM) 3–
                                                                     A request may also be sent via an elec-                   19.13, Law Enforcement Investigations.
                                                                     tronic message or electronic mail or
                                                                     media provided all elements of the DA                     § 637.17 Police Intelligence.
                                                                     Form 2805 are included in the request.                       (a) The purpose of gathering police
                                                                     Approvals will be obtained prior to the                   intelligence is to identify individuals
                                                                     conduct of an examination. Telephonic                     or groups of individuals in an effort to
                                                                     requests, followed with written re-                       anticipate, prevent, or monitor pos-
                                                                     quests, may be used in emergencies.                       sible criminal activity. If police intel-
                                                                     The requesting official will include the                  ligence is developed to the point where
                                                                     following data on every polygraph ex-                     it factually establishes a criminal of-
                                                                     amination request for criminal inves-                     fense, an investigation by the military
                                                                     tigations:                                                police, (USACIDC) or other investiga-
                                                                        (a) The offense, which formed the                      tive agency will be initiated.
                                                                     basis of the investigation, is punishable                    (b) Police intelligence will be ac-
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                                                                     under Federal law or the UCMJ by                          tively exchanged between Department
                                                                     death or confinement for a term of 1                      of Defense (DOD) law enforcement

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                                                                     Department of the Army, DoD                                                                         § 637.18

                                                                     agencies, military police, USACIDC,                         (1) All telephones connected to re-
                                                                     local, state, federal, and international                  cording equipment will be conspicu-
                                                                     law enforcement agencies. One tool                        ously marked ‘‘For Official Use Only-
                                                                     under development by DOD for sharing                      connected to recording device’’ and ac-
                                                                     police intelligence is the Joint Protec-                  cess to use will be restricted to MP op-
                                                                     tion Enterprise Network (JPEN). JPEN                      erations desk personnel.
                                                                     provides users with the ability to post,                    (2) The connection of voice-recording
                                                                     retrieve, filter, and analyze real-world                  equipment or private-line service with
                                                                     events. There are seven reporting cri-                    the telecommunications network will
                                                                     teria for JPEN:                                           be in accordance with applicable tele-
                                                                       (1) Non-specific threats;                               phone company tariffs which permit di-
                                                                       (2) Surveillance;                                       rect electrical connection through tele-
                                                                       (3) Elicitation;                                        phone    company      recorder-connector
                                                                       (4) Tests of Security;                                  equipment. An automatic audible-tone
                                                                       (5) Repetitive Activities;                              device is not required.
                                                                       (6) Bomb Threats/Incidents; and                           (3) Official emergency telephone
                                                                       (7) Suspicious Activities/Incidents.                    numbers for MP desks will be listed in
                                                                       (c) If a written extract from local po-                 appropriate command, activity, or in-
                                                                     lice intelligence files is provided to an                 stallation telephone directories with a
                                                                     authorized investigative agency, the                      statement that emergency conversa-
                                                                     following will be included on the trans-                  tions will be recorded for accuracy of
                                                                     mittal documents: ‘‘This document is                      record purposes. Other forms of pre-
                                                                     provided for information and use. Cop-                    warning are not required.
                                                                     ies of this document, enclosures there-
                                                                                                                                 (4) Recordings, which contain con-
                                                                     to, and information therefrom, will not
                                                                                                                               versations described in this section,
                                                                     be further released without the prior
                                                                     approval of the installation Provost                      will be retained for a period of 60 days.
                                                                     Marhsall.                                                 Transcripts may be made for perma-
                                                                       (d) Local police intelligence files may                 nent files, as appropriate.
                                                                     be exempt from certain disclosure re-                       (5) The recording of telephone com-
                                                                     quirements by AR 25–55 and the Free-                      munications or radio transmissions by
                                                                     dom of Information Act (FOIA).                            MP personnel for other than emer-
                                                                                                                               gency purposes is prohibited. If an in-
                                                                     § 637.18 Electronic equipment proce-                      vestigator requires the use of elec-
                                                                         dures.                                                tronic surveillance equipment, assist-
                                                                       (a) DOD Directive 5505.9 and AR 190–                    ance must be requested from the
                                                                     53 provide policy for the wiretap, inves-                 USACIDC. This policy is established
                                                                     tigative monitoring and eavesdrop ac-                     pursuant to Department of Defense di-
                                                                     tivities by DA personnel. The recording                   rectives that limit such activity to the
                                                                     of telephone communications at MP                         criminal investigative organizations of
                                                                     operations desks is considered to be a                    the Services and DOD.
                                                                     form of command center communica-                           (6) Commanders having general
                                                                     tions monitoring which may be con-                        courts-martial convening authority
                                                                     ducted to provide an uncontroversial                      will issue written authorizations for
                                                                     record of emergency communications.                       the recording of emergency telephone
                                                                     This includes reports of emergencies,                     communications at MP operations
                                                                     analysis of reported information,                         desks. The letter of authorization will
                                                                     records of instructions, such as com-                     contain specific authority for the type
                                                                     mands issued, warnings received, re-                      of equipment to be used, the phone
                                                                     quests for assistance, and instructions                   numbers identified as emergency lines
                                                                     as to the location of serious incidents.
                                                                                                                               and instructions limiting recordings to
                                                                       (b) The following procedures are ap-                    calls received on the phones so des-
                                                                     plicable to the recording of emergency
                                                                                                                               ignated. One copy of the authorization
                                                                     telephone and/or radio communications
                                                                                                                               will be forwarded to the Office of the
                                                                     at MP operations desks within the 50
                                                                     states of the United States, the Dis-                     Provost Marshal General (OPMG), 2800
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                                                                     trict of Columbia, the Commonwealth                       Army Pentagon, Washington, DC 20310–
                                                                     of Puerto Rico, Panama, and Guam.                         2800.

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                                                                     § 637.19                                                               32 CFR Ch. V (7–1–08 Edition)

                                                                     § 637.19     Overseas MP desk.                            enter with a clear warning that this
                                                                                                                               type of monitoring is being conducted.
                                                                       The recording of telephone commu-
                                                                     nications at MP operations desks out-                     § 637.21 Recording interviews and in-
                                                                     side the United States will be con-                           terrogations.
                                                                     ducted within restrictions contained in                      The recording of interviews and in-
                                                                     international agreements between the                      terrogations by military police per-
                                                                     U.S. and host nations.                                    sonnel is authorized, provided the
                                                                                                                               interviewee is on notice that the testi-
                                                                     § 637.20     Security surveillance systems.               mony or statement is being recorded.
                                                                       Closed circuit video recording sys-                     This procedure is a long-accepted law
                                                                     tems, to include those with an audio                      enforcement procedure, not precluded
                                                                     capability, may be employed for secu-                     by DA policies pertaining to wiretap,
                                                                     rity purposes in public places so long                    investigative monitoring, and eaves-
                                                                     as notices are conspicuously displayed                    drop activities.
                                                                     at all entrances, providing persons who
                                                                                                                                           Subpart B [Reserved]
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