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					Vehicle POV No Insurance

Regulations: AR 385-10, DA PAM 385-1, DA PAM 385-40, Local Policies and Procedures, and Internet
Resources
Counseled by Whom: First Line Supervisor thru Commander
When: After report of Soldier driving POV without proper insurance


Purpose of Counseling:
Event Oriented: Soldier was reported operating a POV without proper insurance
Discuss expectations and responsibilities of a Soldier operating a POV and requirement to have at a
minimum liability insurance




Key Point of Discussion

________{INSER RANK/NAME} on ___________{INSERT DATE} it was reported to me by _______{INSERTt MP’s, witness name, etc} that you
were operating a POV without insurance. It is a requirement for all Soldiers to have at least liability insurance. Liability insurance ensures that
if you are in an accident and you are at fault, the insurance company will pay to fix the other person’s POV. You are not allowed to operate a
POV on Post without proper insurance. In order to operate a vehicle on post you must have valid insurance. You are to implement the plan of
action contained in this counseling statement.

Separation Notice: I am counseling you for the conduct noted above. Failure to correct your conduct or performance may result in one or more
of the following actions: bar to re-enlistment, administrative action including separation from the service, or punishment under the UCMJ.
Separation can result in involuntary separation from the service under AR 635-200, Chapter 5, 11, 13, or 14. If you are involuntarily separated,
you could receive an Honorable, General Under Honorable Conditions, Under Other Than Honorable Conditions, or Uncharacterized discharge.
An Honorable discharge may be awarded under Chapter 5, 13, and 14. an Uncharacterized discharge may be awarded under Chapter 11. A
General Under Honorable Conditions discharge may be awarded for a Chapter 5, 13, and 14. An Other than Honorable Conditions discharge
may be awarded for chapter 14. If you receive an Honorable Discharge, you will be qualified for most benefits resulting from military service.
An involuntary honorable Discharge, however, will disqualify you from reenlistment for some period of time and may disqualify you from
receiving transitional benefits (e.g., commissary, housing, health benefits) and the Montgomery GI Bill if you have not met other program
requirements. If you receive a General Discharge, you will be disqualified from reenlisting in the service for some period of time and you will be
ineligible for some military and VA administered benefits, including the Montgomery GI Bill. If you receive a discharge Under Other Than
Honorable Conditions, you will be ineligible for reenlistment and for most benefits, including payments of accrued leave, transitional benefits,
the Montgomery GI Bill, and possibly transportation of dependents and household goods to home. You may also face difficulty in obtaining
civilian employment as employers have a low regard for General and Under Other Than Honorable conditions discharges. Although there are
agencies to which you may apply to have your characterization of service changed, it is unlikely that such application will be successful.
_________ (Soldier’s initials)




Plan of Action
          It is illegal to operate the vehicle without insurance IAW with Post requirements and applicable state law.

          I have recommended to the commander that your on post driving privileges be suspended until you obtain proper insurance.
     Soldier will complete the following corrective training: (Select One)

           o     Write an essay on the importance of having valid auto insurance and the dangers of operating a vehicle without
                 insurance. The essay will be _____{INSERT NUMBER OF WORDS}, typed, double spaced in 12 point font, Times New
                 Roman. Report will be checked for spelling, grammar and format. The report is due on: ___{INSERT DATE/TIME}

           o     Soldier will teach a class to me on the importance of having auto insurance. Soldier will present the class to me on:
                 ___{INSERT DATE/TIME/LOCATION}

           o     Soldier will write a policy letter the proper requirements to operate a vehicle on post and how failing to follow these
                 requirements can impact your career . Policy letter will be no more than 2 pages and prepared in memorandum format in
                 accordance with AR 25-50.

     Based on the seriousness of this issue I am recommending the following action to the commander:

           o     Your on post driving privileges be suspended for 30 days

           o     You receive a summary Article 15

     If incident involved serious misconduct the commander may consider revoking this period of service as qualifying for the good
      conduct medal

     If the Soldier is a leader consider placing a comment on the Soldier’s evaluation report if such action is deemed appropriate.

     Soldier voluntarily provided the following reason for this incident:




Leader Responsibilities
     Monitor the Soldier performance and attitude

     Attempt to determine if there is a specific reason for the lack of insurance such as financial hardship

     Ensure the Soldier understands that it is a requirement for all Soldiers to have car insurance.

     Ensure the Soldier shows you a proof of insurance card before operating the vehicle

     Explain the differences between liability and full coverage and encourage the Soldier to shop around for different quotes on car
      insurance.




Assessment:
     Soldier obtained insurance immediately and the commander authorized the Soldier to drive the
      vehicle
     Soldier stated he recently experienced extreme financial hardship and was unable to pay for
      insurance. Soldier’s issue was reviewed by the chain of command and Soldier was referred to
      Army Emergency Relief for assistance
     Soldier was found operating the vehicle without insurance and against the plan of action
      outlined in this counseling. Matter referred to the chain of command for action
     Soldier completed all corrective training to standard and obtained valid insurance requirements
Experience/Mentorship
       1. Keep in mind certain actions require implementation by the commander. Ensure that
          the actions you take are within your authority to execute. If you are not sure of the
          limits of your authority seek guidance from senior members of the command.

       2. If the incident behavior that may result in legal action it may be appropriate to read the
          Soldier their rights before asking any questions. This can best be determined by seeking
          guidance from your chain of command.

       3. It is important to attempt to discover the reason why the Soldier is driving without
          insurance.

                  Was it a deliberate decision?

                  Was the Soldier unaware that his insurance had expired?

                  Was there an unexpected financial hardship?

       4. Keep in mind that repeat offenders or Soldiers with multiple traffic violations to include
          not having car insurance are more likely to be involved in accidents.

       5. AR 385-10 requires military personnel, under 26 years of age, who possess a military or
          civilian drivers license, to complete at least four hours of classroom training designed to
          establish and enforce a positive attitude toward driving.

       6. Soldiers who recently returned from a deployment are more at risk of not having
          current car insurance and registration as they likely let it expire during the deployment..

       7. Soldiers new to the unit generally have car insurance as they were required to show
          proof for post tags.

       8. If the Soldier’s driving privileges are suspended assist the Soldier in establishing a ride to
          work plan

       9. If this incident occurred with civilian authorities ensure the Soldier complies with all
          requirements such as court appearance or other actions established by the state
          authorities.

       10. If the Soldier involved is a leader consider adding a comment on his evaluation report if
           such action is deemed appropriate.

       11. It is also necessary that the chain of command does not overreact to situations that are
           minor in nature. While corrective action is necessary leaders should take into
           consideration:

                  Army standards
                        Duty performance

                        Experience of the Soldier




Questions Specific to No Car Insurance
    1. Is the Soldier in a leadership position?

    2. Did subordinates observe this behavior?

    3. If the Soldier was a junior Soldier was a leader present in the car with the Soldier? If so what
       actions did the leader take to try and resolve the issue?

    4. Attempt to determine the root cause of the issue

    5. Was a POV inspection performed on the Soldier’s vehicle? Did it identify lack of car insurance?

    6. Did the Soldier knowingly not have insurance or was it expired?

    7. Does the Soldier have a history of traffic violations?

    8. Has the Soldier exhibited signs of reduced performance or poor attitude?

    9. Does the Soldier understand the requirement to have car insurance?

    10. Is the Soldier aware of the different types of car insurance that are available: liability, full
        coverage, under insured, uninsured, etc.

    11. Does the Soldier understand how to obtain different price quotes from several different
        companies to determine which is cheapest or best for his needs?




Extracts

DA PAM 385-1
7–2. Privately owned vehicle operations
Army combat readiness is dependent upon the availability of its personnel. Readiness is clearly degraded
when Army personnel die or are injured; and more Soldiers die in privately owned vehicle (POV)
accidents than in any other activity. POV accidents have captured the attention of the Army’s top leaders.
The Chief of Staff, Army, has directed the commander of every unit to implement the Six Point POV
Program (see app D). This program is the minimum standard in your commander’s effort to reduce POV
accidents and must include the following elements:
a. Command emphasis. Positive leadership at all levels is imperative. Leader involvement in the POV
safety program must be unrelenting.
b. Discipline. Leaders set the command climate through their actions and must continually set the
example.
c. Risk management. Risk management must be applied to all vehicle operations, whether on or off duty.
Leaders should identify "at risk" Soldiers and take proactive measures to modify their risky behavior.
(The USACR/SC Web site (http://crc.army.mil) provides a comprehensive set of tools and controls for
POV operations.)
d. Standards. High, unmistakable standards must be set and enforced.
e. Alternatives. Leaders must provide Soldiers with alternatives to driving POVs. Schedule activities on
post whenever possible and promote use of alternative means of transportation.
f. Commander’s assessment. Commanders, with the Soldier’s chain of command, must conduct an
investigation after every POV accident involving a fatality or serious injury.

Appendix D
Commanders Six-Point Privately Owned Vehicle Accident Prevention Program
The Chief of Staff, Army, has directed the commander of every unit to implement the Six Point POV
Program. It is the minimum standard in the effort to reduce accidents. The Six Point POV Program
requires the following elements:
D–1. Command emphasis
Positive leadership at all levels is imperative. Leader involvement in the POV safety program must be
unrelenting.
a. Commander’s policy statement. Commanders will publish a policy statement on motor vehicle safety.
The statement should encourage personal responsibility and emphasize leader involvement regarding
vehicle operations. The unit program should include specific guidance that outlines each level of
responsibility and clearly reflects the command attitude toward vehicle safety. Unit leaders must be
proactive in the POV program; they are the key to minimizing the number-one cause of Soldier fatality.
Don’t wait until a fatality or serious injury occurs. Take action now.
b. The privately owned vehicle toolbox. A group of subject-matter experts consisting of safety
professionals, senior NCOs, and officers, were brought together to form a POV action team. The team
reviewed Army POV accident fatality cases and researched literature, existing programs, and field input
to develop controls for the hazards associated with POV operations. These controls were put together in
what is known as the POV Toolbox. The Leaders’ Guide to Using the POV Toolbox supplements the
toolbox and assists leaders in identifying possible controls. It is in booklet format and contains vignettes.
To find the POV Toolbox and Leaders’ Guide, go to U.S. Army Combat Readiness / Safety Center Web
site at http://crc.army.mil.
c. Positive influence. Typically, first line supervisors see their Soldiers every day and can assert a positive
influence on how, when, and where their Soldiers operate their POVs. For example, if a Soldier is going
on leave or pass, the supervisor should take time to ensure the Soldier’s vehicle is in good condition as
well as to discuss the Soldier’s travel plans: Where is the Soldier going? How far is it? What time does
the Soldier plan on departing/returning? What environmental conditions (weather—fog, rain, sleet, and so
forth — darkness, road conditions, and traffic conditions) may impact the Soldier’s trip? What is the
Soldier’s physical and mental state? For example, has the Soldier just returned from a major deployment?
d. Responsibility. Superiors who treat Soldiers as mature adults are most successful. They treat Soldiers as
people who are motivated to take responsibility for protecting themselves, their families, friends, and
peers from harm and undue risk. This is particularly important in matters related to off-duty activities
involving vehicle operation and recreation.
D–2. Discipline
a. Discipline starts with leaders. Leaders set the command climate through their actions and should first
examine their own actions. Leadership and setting the example do not end at the gate.
b. Negative behavior. Negative behavior, such as traffic offenses, alcohol abuse, misconduct, and poor
performance are often indications of potential POV "accidents waiting to happen." Establish a climate of
zero tolerance for such risky behavior.
c. At-risk Soldiers must be identified. One tool to assist with identifying at-risk Soldiers is the "Next
Accident Assessment." It can be found on the U.S. Army Combat Readiness / Safety Center Web site at
http://crc.army.mil. Proactive measures, such as providing counseling, must then be taken to modify their
risky behavior.
D–3. Risk management
Apply risk management to all vehicle operations, whether on or off duty. Tools to assist with this
responsibility can be found on the U.S. Army Combat Readiness / Safety Center Web site at
http://crc.army.mil.
a. Leaders and Soldiers all have a responsibility to identify, assess, and control the hazards associated
with POV operations. The key is to train leaders and Soldiers on how to-—
(1) Identify hazards associated with operating a vehicle as well as identifying "at risk" behavior (their
own behavior, subordinates’ behavior, and other drivers’ behavior, such as road rage).
(2) Assess the hazards.
(3) Control the hazards.
b. The following should be included in unit policy and training:
(1) Local-area orientation program. The ADSO/NCO should establish a local-area orientation program
with these common elements:
(a) A large, well-defined map of the local area, marked to show high-accident locations. Alternate routes
should be recommended for use during peak traffic periods. Point out hazards that pose a threat to certain
types of traffic.
(b) A map of installation road and traffic patterns, location of gates, principal traffic routes, one-way
streets, restricted areas, and location of major buildings and services. A presentation could be developed
showing various intersections, dangerous cargo routes, special fire lanes, rush-hour routes, or streets that
may be changed from one-way to two-way (or vice-versa) during certain peak traffic hours.
(c) An explanation of local, state, or foreign-country traffic regulations and enforcement policies. Some
specific topics and laws that should be covered include seatbelt regulations, child-restraint laws,
motorcycle-helmet laws, laws for stopped school buses, speed limits, roadway markings, pedestrian
crossings, traffic signals, right-turn-on-red laws, expressway regulations, parking on hills, vehicle
lighting, implied-consent laws, legal intoxication limit, blood alcohol content (BAC). Provide a local
drivers’ manual to all personnel reporting to a new duty station.
(d) A briefing covering weather conditions in the local area as well as routes to outlying areas that may be
heavily traveled during weekends and holidays. Explain dangerous road conditions that may develop
because of snow, rain, wind, or other severe weather conditions. Provide mileage distances to various
points of interest that are regularly visited by personnel during their off-duty time. Recommended
maximum travel distances and times under good and adverse weather conditions should be covered.
(e) Information necessary to establish a local orientation program, which can be obtained from several
sources such as local safety office, law enforcement agencies, travel clubs, installation public affairs
office, and military police.
(2) Pedestrian safety. Each year thousands of pedestrians are killed in the United States. Pedestrians
account for approximately 15 percent of all traffic deaths, and additional thousands are injured and many
permanently disabled. A pedestrian may be someone who walks, runs, stands, rides a bicycle, or who
crosses at a crosswalk on roller skates or in a toy vehicle. While each pedestrian accident has its own
particular causes, all such accidents have certain factors in common. Make personnel aware of the
following pedestrian safety tips:
(a) Be alert, courteous, and realistic.
(b) Walk facing traffic.
(c) Wear light-colored clothing or use reflective fluorescent material on clothing when walking during
hours of darkness or low visibility.
(d) Cross roads at intersections when possible. When attempting to cross where there is no intersection,
exercise extreme caution.
(e) Always obey pedestrian signals.
D–4. Standards
a. Set high, unmistakable standards and enforce them. When you pass by a Soldier who is not following
the standards and fail to make an on-the-spot correction, you set a new, lower standard. Follow and
enforce regulatory traffic standards.
b. The standards for Army traffic safety are outlined in AR 600–55, AR 385–10, and TC 21–305.
c. Unit policy should be uncompromising on the use of seatbelts and motorcycle safety equipment.
Educate your Soldiers on the risks of speed, fatigue, and alcohol use. Conduct POV safety inspections,
and do not allow Soldiers to operate faulty equipment.
d. AR 385–10 requires military personnel, under 26 years of age, who possess a military or civilian
drivers license, to complete at least four hours of classroom training designed to establish and enforce a
positive attitude toward driving.
e. Special testing is required for motorcycle operators prior to operating a motorcycle on post.
f. If Soldiers are trained to standard on operating Army vehicles, and they are held to the standard, they
will be more likely to carry the same habits with them when operating their POVs. Unit policy must hold
Soldiers accountable.
g. Child passenger safety. Motor vehicle accidents are the leading cause of preventable deaths and injuries
among children in the United States. The tragedy is that these deaths and injuries are not being prevented.
All 50 states and the District of Columbia now require approved child restraints for children. In most of
these states, child restraint systems must be used. Make all personnel aware of the requirements and
benefits of child-restraint systems.
D–5. Alternatives
Leaders should provide Soldiers with alternatives to driving their POVs, when possible. Leaders should
schedule activities on post to keep Soldiers on post and off the road. Keep gyms, recreation centers, and
other places Soldiers use off-duty open later. These same measures also can provide alternatives to
alcohol use. Look for transportation alternatives as well. Promote use of alternative transportation
methods instead of POV use. Prominently post public transportation schedules. Sources of transportation
might be found through Morale, Welfare, and Recreation (MWR) office, Better Opportunities for Single
Soldiers (BOSS), public transportation, designated drivers/unit transportation, or taxi cards. Arrange
reduced hotel rates in nearby communities to encourage Soldiers to remain overnight on weekends
and stay off the highways at night.
D–6. Commander’s assessment
After every POV accident that involves a fatality or serious injury, the commander must conduct an
investigation of the accident with the Soldier’s chain of command. The investigation will determine what
happened, why it happened, and how it could have been prevented. Commanders will use the results of
the investigation to implement corrective and preventive measures and will publicize lessons learned.
Immediately hold section or squad meetings to discuss accidents that have occurred. Talk about the
lessons learned and incorporate corrective measures into squad or section procedures.



DA PAM 385-40
1–5. Concept
Accidents are caused by adverse interactions of man, machine, and environment. Investigation and
assessment of these elements should reveal human, materiel, and/or environmental factors that caused or
contributed to the accident. These factors can be attributed to one or more system inadequacy (or
sometimes referred to as “root cause”). The system inadequacies responsible for human error are
categorized as leader, standards, training, individual, or support failure. Although an accident
investigation occurs “after the fact,” its primary focus must be on identifying what happened and
why it happened. Once this has been accomplished, the appropriate activity(ies) responsible for correcting
each identified system inadequacy can be notified. This procedure is called the “3W” approach to
information collection, analysis, and corrective actions (see fig 1–1). The procedures used throughout this
pamphlet are designed to assist the investigator in answering the following three basic questions:
a. What happened (mistake/error/failure). Identify key factors (human, materiel, environmental) which
caused or contributed to the accident. In the case of injuries, explain how they happened.
b. Why it happened (system inadequacy(ies)/root cause(s)). Identify the system inadequacy that permitted
the accident to occur. Explain how and under what conditions those mistakes/errors/failures occurred.
c. What to do about it (recommendations). Identify the recommended actions and identify the proponent
activity or lowest level of command that is most responsible for correcting the deficiency.




AR 385-10
11–8. Unit privately owned vehicle safety inspections
Unit commanders will ensure that unit POV safety inspections are conducted for their Soldiers. Re-
inspections should be conducted when unsafe conditions are identified. Vehicle inspections should
include verification of motorcycle rider training, licensing, and PPE. Example inspection checklists are
included in the POV risk management toolbox accessed through the USACR/SC Web site at
https://safety.army.mil. (At a minimum, this inspection is required every 6 months)



Local Policies and Procedures
Check with your unit to see if there are any policy letters or other directives that may apply to this
situation




Internet Resources
Check on the internet for any additional resources that may be available and applicable to this situation.
These could include the Army Safety site as well as insurance companies that provide online quotes.

				
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