Indiana Traffic Laws by miamichicca

VIEWS: 221 PAGES: 30

									             INDIANA
    Traffic Occupant
Protection Strategies


     Overview


                        1
      Tell Us About Yourself…

   Your name…
   Your agency…
   How long you have worked there…
   Why are you here today…
   What you expect to learn today…

                                      2
              Course Modules

   Module I – Introduction
   Module II – Crash Dynamics
   Module III – Occupant Protection
    Systems
   Module IV – Enforcement and Action
    Planning
                                         3
            Course Objectives

   Identify driving risks to general public and
    law enforcement
   Emphasize importance of seat belt use by
    law enforcement officers
   Identify basic crash dynamics
   Identify basic components of occupant
    protection systems
   Identify strategies that can mitigate
    occupant protection related injuries and
    fatalities
                                                   4
              Officer Risk

Over the past three decades, the number of
 officers killed in motor vehicle collisions has
          increased about 40 percent.

The number of officers killed by gunfire has
 decreased by about the same percentage.


                                                   5
INDIANA
Crime/Crash Clock




                    6
        Crash Likelihood (Nationally)

   The General Public
       One crash every 131,000 miles driven
   Law Enforcement
       One crash every 28,000 miles driven


        WHY IS LAW ENFORCEMENT
          OVER REPRESENTED?
                                               7
        General Public Risks

   Weather: rain, snow, sleet, hail, sun,
    cloudy, wind, heat, cold, fog
   Roadway: pot holes, construction,
    debris, signs, signals, terrain
   Traffic: congestion, slow/fast drivers,
    impaired drivers, emergency vehicles
   Time of Day: anytime

                                              8
  Law Enforcement Risks

 Everything the general public faces, PLUS
 High speed driving
 Distractions
 Emergency response
 Vehicle condition and equipment
 Constant 360 degree vigilance
 Fatigue
 Exposure time


                                             9
Patrol Cars Crash, Too




                         10
   Another Tool on Your Belt


   Why wouldn’t we use the
protection offered by seat belts?
           It’s there…

         It’s available…

            It works!
                                11
 We have heard them all…

Excuses…

        Excuses…

                        Excuses.

   So lets list them…
                                   12
     Why Should I Wear My
                Seat belt?

   Officer safety

   Sets an example

   Agency policy?

   Statutory requirement?

                             13
                    INDIANA State Statutes

             Seating             Who’s        “Correct
                       Ages
            Positions         Responsible       Use”     Exemptions        Fine/Points
                      Covered
            Covered           for Violation   Required

 Statute                                                  Medical, U.S.
              All      Age      Violator       Yes          Postal,
                                                                             $25
 Number
                       16+                               Newspaper Del.
                                                                             No
9-19-10-2                                                Farm Vehicles,
                                                         Parades, RV’s,     Points
                                                          Ambulance,
                                                             others

 Statute                                                  School Bus,
              All      Birth     Driver        Yes         Taxi, MC,
                                                                             $25*
 Number
                       to 16                              Ambulance,
                                                                              No
9-19-11-3                                                Church Bus (9+
                        yrs.                             Pass.), Antique    Points
                                                            Vehicles
                                                                                 14
                Indiana Seat Belt Law
Effective July 1, 2007, I.C. 9-19-10-2 requires “that each
   occupant of a motor vehicle equipped with a safety belt
   that is standard equipment installed by the manufacturer”
   wear a seatbelt. The pickup truck exemption has been
   eliminated by the new law. Thus, occupants in most motor
   vehicles, including occupants in the passenger
   compartment of pickup trucks and all occupants of SUVs,
   must “buckle up” regardless of how a vehicle is plated or
   registered. As of July 1, 2007, any occupant in a motor
   vehicle who is not wearing a seatbelt can be issued a
   ticket for seatbelt violation. The exceptions to the seatbelt
   requirement are listed at I.C. 9-19-10-1.
                                                             15
                  Exemptions
(1) For medical reasons should not wear safety belts,
   provided the occupant has written documentation
   of the medical reasons from a physician.
(2) Is a child required to be restrained by a child restraint
   system under IC 9-19-11.
(3) Is traveling in a commercial or a United States Postal
   Service vehicle that makes frequent stops for the
   purpose of pickup or delivery of goods or services.
(4) Is a rural carrier of the United States Postal Service
   and is operating a vehicle while serving a rural postal
   route.
(5) Is a newspaper motor route carrier or newspaper
   bundle hauler who stops to make deliveries from a
   vehicle.
                                                          16
           Exemptions - Continued
(6) Is a driver examiner designated and appointed under IC 9-14-2-3
    and is conducting an examination of an applicant for a permit or
    license under IC 9-24-10.
(7) Is an occupant of a farm truck being used on a farm in connection
    with agricultural pursuits that are usual and normal to the farming
    operation, as set forth in IC 9-29-5-13(b)(2).
(8) Is an occupant of a motor vehicle participating in a parade.
(9) Is an occupant of the living quarters area of a recreational vehicle.
(10) Is an occupant of the treatment area of an ambulance (as defined
    in IC 16-18-2-13).
(11) Is an occupant of the sleeping area of a tractor.
(12) Is an occupant other than the operator of a vehicle described in
    IC 9-20-11-1(1).
(13) Is an occupant other than the operator of a truck on a
    construction site.
(14) Is a passenger other than the operator in a cab of a Class A
    recovery vehicle or a Class B recovery vehicle who is being
    transported in the cab because the motor vehicle of the
    passenger is being towed by the recovery vehicle.
(15) Is an occupant other than the operator of a motor vehicle being
    used by a public utility in an emergency as set forth in IC 9-20-6-5.
                                                                     17
         NOTICE
There are no exceptions for
 police officers! You MUST
 wear your seat belts at all
 times when operating your
 vehicle.

                               18
                  Also…

   Effective July 1, 2007 - I.C. 9-19-10-3.1
    which (1) provides for primary enforcement
    of the seatbelt law and (2) outlaws the use of
    “enforcement zones” by law enforcement to
    detect and issue citations for seatbelt
    violations. Under the new law, officers may
    stop a vehicle to determine compliance
    with the seatbelt law. Law enforcement may
    not use a checkpoint to detect and issue
    citations for failure to comply with the seatbelt
    law.
                                                   19
      DO’S & DO NOT’S
   DO: Write seatbelt citations to
    occupants of pickup trucks and
    SUVs. No need to check the
    registration of the vehicle first.

   DO: Write seatbelt citations to
    ADULT riders in the beds of pickup
    trucks or ADULT riders in cargo
    areas of vans. (Attorney General
    opinion 2007-3)
                                         20
   CAVEAT: Since all occupants in pickup
    trucks and SUVs are required to wear
    seatbelts, there are potentially more
    seatbelt citations to be written effective
    July 1, 2007.
    Although there are no specific exceptions for
    occupants in the beds of pickup trucks or cargo areas
    of vans and trailers, a thorough review of the newly
    added exceptions and of prior legislation outlawing
    riders in truck beds which was rejected indicates that
    seatbelt citations in these situations are appropriate.


                                                          21
   DO: Make traffic stops for observed
    violations of the seatbelt law and issue
    citations to occupants in the same
    manner as making stops for speeding
    and other traffic violations.

   DO NOT: Make a traffic stop for
    seatbelt violation unless there is a
    reasonable suspicion that the driver or
    a passenger in the vehicle is not
    wearing a seatbelt as required by law.
                                               22
CAVEAT:
Language identical to the language of the new law, “may be
stopped to determine compliance with this chapter” was
considered by the Indiana Supreme Court in Baldwin v. Reagan,
715 N.E.2d 332 (Ind. 1999). The Supreme Court held that for the
stop to be constitutional under the Indiana Constitution, a police
officer could not stop a vehicle for a possible seatbelt violation
“unless the officer reasonably suspected that the driver or a
passenger in the vehicle [was] not wearing a seatbelt as required
by law. This reasonable suspicion exists where the officer
observes the driver or passenger under circumstances (e.g. bodily
movement, distance, angle, lighting, weather) that would cause an
ordinary prudent person to believe that the driver or passenger is
not wearing a seatbelt as required by law.” 715 N.E. 2d at 337. It
is likely that the same language in the new seatbelt law will be
interpreted in the same way and will not necessarily mean literally
what it says.

CAVEAT:
There is also language in Baldwin regarding consent searches
during seatbelt stops which will probably also still be good law.   23
   DO: Keep the stop as brief as
    possible.

   DO NOT: Inspect, search, or detain
    the vehicle, its driver, passenger(s)
    or contents or otherwise prolong the
    traffic solely because of an observed
    seatbelt violation, unless
    observations and interactions lead to
    “reasonable, particularly suspicion
    that criminal activity is afoot” making
    a Terry stop under the 4th
    Amendment justifiable and
    necessary. Always document!           24
   DO: Actively watch for seatbelt
    violations and issue citations.
   DO NOT: Use checkpoints, “seat
    belt enforcement zone” or other
    warning signs.
   DO NOT: Funnel or block or impede
    traffic while stopping and issuing
    seatbelt citations.

                                      25
   CAVEAT:
    The legislature has specifically outlawed the
    use of checkpoints. Although the term
    “seatbelt enforcement zone” is not used in
    the statute, the use of the term “checkpoint”
    makes clear the legislative intent that
    random pullovers and funneling of traffic and
    traffic backup in order to check for seatbelt
    compliance and ticket offenders be
    eliminated.
    If it looks like a “checkpoint”, it probably is a
    “checkpoint” whether or not it is called a
    “checkpoint” or “seatbelt enforcement zone”.
    Therefore, all law enforcement is cautioned
    to be aware and to be careful to avoid the
    appearances of a checkpoint when doing
    enforcement.                                    26
   DO NOT compromise in enforcing
    this law! Legislators have cautioned
    that if we have cases that are lost in
    Appellate Court, they will revisit the
    law and consider changing it to a
    SECONDARY law. We all worked
    too hard to lose it.
    Thank you for your efforts in helping
    save lives!
                                         27
Survivor Stories




                   28
             Module Wrap-Up
   Each year, more Americans are
    killed and injured in traffic crashes
    than are murdered or assaulted

   Police officers face the same risks
    as the general public plus the
    additional risks that come with the
    law enforcement profession


                                            29
End of Module One



Questions?




                    30

								
To top