Embed Size (px)
Citation preview
Traffic Law Enforcement
A Training Guide forLaw Enforcement Officers
Wisconsin Department of JusticeLaw Enforcement Standards Board
December 2009
December 2009 ii
The Law Enforcement Standards Board approved this textbookon December 1st, 2009.
Training Academy effective date is May 1, 2010.
All law enforcement basic preparatory training courses that begin on or after May 1st, 2010 must incorporate this updated textbook and any related updates to the curriculum.
Courses beginning before that date may elect to use these updated materials.
iii
ACKNOWLEDGEMENTS
Many people have contributed to the writing of this manual. The Training and Standards Bureau, Wisconsin Department of Justice gratefully acknowledges the dedication of the Patrol Procedures Advisory Committee, which has worked long and hard to revise the content of earlier manuals and develop new content for the present guide. The current members of the Committee are:
Designated Representatives
Jeff Pettis, Sheriff’s RepresentativeTom Winscher, Chief’s RepresentativeClark Pagel, Wisconsin Technical College SystemPaul Matl, Wisconsin State PatrolCraig Henry and Chance Bamba, Milwaukee Police DepartmentDoug Funk, Milwaukee County Sheriff’s OfficeSherri Strand, Madison Police DepartmentStephanie Pederson, Training and Standards Bureau (Chair)
Practitioners
Monica Barman, Sun Prairie Police DepartmentBruce Buchholtz, Platteville Police DepartmentSteven D. Hausner, Burlington Police DepartmentKen Pileggi, Mukwonago Police DepartmentDeanna Reilly, Madison Police DepartmentTom Witczak, Fox Valley Technical CollegeNathan Thompson, De Pere Police Department
Emeritus (non-voting) Members
Colleen Belongea Jay IdingTimothy Hufschmid Bernie KocherDave Mattheisen Robert MillerMike Murray Richard Nichols
A special thanks goes to the Traffic Law Enforcement Advisory Sub-Committee, which developed the original lesson plans and exercises for the Traffic Law Enforcement curriculum. The members of that sub-committee were:
Monica Barman, Sun Prairie Police DepartmentCraig Henry, Milwaukee Police DepartmentChance Bamba, Milwaukee Police DepartmentMike Murray, Langlade County Sheriff’s OfficeMichael Earll, Western Wisconsin Technical College
December 2009 iv
TABLE OF CONTENTS
ACKNOWLEDGEMENTS....................................................................................iiiTABLE OF CONTENTS.......................................................................................ivINTRODUCTION...................................................................................................1
TRAFFIC LAW ENFORCEMENT......................................................................12006 Wisconsin Traffic Crash Facts...............................................................1Motor Vehicle Law Enforcement....................................................................2
OFFICER SAFETY AND PROFESSIONALISM................................................2GOALS OF TRAFFIC LAW ENFORCEMENT..................................................3
Saving Lives...................................................................................................3Fighting Crime................................................................................................3Interacting with the Public..............................................................................4
WISCONSIN MOTOR VEHICLE LAWS AND ORDINANCES..........................4Definitions......................................................................................................4Elements of the Offense.................................................................................5
WISCONSIN MOTOR VEHICLE LAWS............................................................6Introduction to Motor Vehicle Law..................................................................7Vehicle Registration / Titles and Anti-Theft Laws...........................................7Operator Licensing.........................................................................................8Financial Responsibility..................................................................................8Civil and Criminal Liability..............................................................................9Rules of the Road..........................................................................................9Vehicle Equipment, Size, Weight and Load.................................................10Occupant Restraints.....................................................................................13Powers of State and Local Authorities.........................................................15Snowmobiles................................................................................................15Habitual Traffic Offenders............................................................................17
IMPOUNDING AND REMOVING VEHICLES.................................................17Unregistered Motor Vehicles........................................................................17Impounding / Tow-Away...............................................................................18Operating While Suspended, Revoked, Ordered Out-Of-Service or Disqualified...................................................................................................18Seizing Vehicles...........................................................................................18Authority to Regulate Stopping, Standing or Parking of Vehicles.................18
TRAFFIC VIOLATION DETECTION AND ENFORCEMENT.............................19SELECTIVE LAW ENFORCEMENT...............................................................19
Selective Traffic Enforcement Programs......................................................19Selective Traffic Enforcement Program (STEP) Techniques.......................19Bias-Based Policing.....................................................................................21
TRAFFIC SURVEILLANCE.............................................................................23Traffic Patrol.................................................................................................23
DRIVERS AND VEHICLES.............................................................................25Driving Behaviors.........................................................................................25Vehicle Condition.........................................................................................26
SPEED DETECTION.......................................................................................27Speed Detection Methods............................................................................28
v
Speed Detections Devices...........................................................................29WISCONSIN’S DRIVER LICENSES AND IDENTIFICATION CARDS...............35
DRIVER LICENSE FORMATS........................................................................35DRIVER RECORDS........................................................................................38ALTERED/FALSE IDENTIFICATION AND INVALID LICENSES..................38
How to Recognize False Identification.........................................................39How to Detect Suspended and Revoked Driver Licenses............................40
TRAFFIC CITATIONS AND ARRESTS..............................................................43WHAT TO DO WITH THE DRIVER.................................................................44
Ordinary Traffic Violation..............................................................................44Driving Under the Influence..........................................................................44
FILLING OUT A TRAFFIC CITATION............................................................45Revised Uniform State Traffic Deposit Schedule.........................................46Wisconsin Law Enforcement Officer’s Manual.............................................48Uniform Traffic Citation.................................................................................48Drivers With Non-Wisconsin Driver Licenses...............................................49Note Taking and Report Writing...................................................................51Wisconsin Department of Transportation TraCS..........................................51
DIRECTING AND CONTROLLING TRAFFIC....................................................53PREPARING TO DIRECT TRAFFIC...............................................................53
When Is Traffic Control Needed?.................................................................53Some of the situations that may require traffic control by officers include these:...........................................................................................................53Where Should Traffic Go?............................................................................54Have the Proper Equipment.........................................................................54Where Should You Stand?...........................................................................57
DIRECTING TRAFFIC.....................................................................................58General Principles........................................................................................58Specific Procedures.....................................................................................59Safety Equipment and Traffic Control Tools.................................................60Traffic Control at Crash Scenes and Fires...................................................62
SUMMARY..........................................................................................................64REFERENCES....................................................................................................65
December 2009 vi
vii
INTRODUCTIONTRAFFIC LAW ENFORCEMENT
Deaths, injuries, and economic losses from traffic crashes have become a huge public health problem in the United States. Many more people are killed each year in traffic accidents than are murdered. A fatality occurs every 13 minutes while a murder occurs only every 21 minutes.1
2008 Wisconsin Traffic Crash Facts2
587 persons were killed in Wisconsin motor vehicle traffic crashes. This is an average of two lives lost each day on Wisconsin traffic ways.
46,637 persons were injured in 33,766 reported injury crashes and 542 fatal crashes.
Of the 587 persons killed, 10% (52 pedestrians and 9 bicyclists) were not drivers or passengers of motor vehicles. Fifteen percent (87) were motorcycle drivers or motorcycle passengers.
Of the 587 persons killed, 40% (234) died in alcohol-related crashes and 32% (187) died in speed-related crashes.
Fifty-six percent of all crashes occurred off the state highway and interstate systems, on county trunk highways and local roads.
The total number of registered vehicles was 5,455,985.
The total number of licensed driver was 4,075,764.
The fatality rate per 100 million miles of travel was 1.29, up from 1.34 in 2007.
The 2008 Department of Transportation Field Observation Study on Seat Belt use states that in July 2008, 74.2% of passenger vehicles occupants (front outboard) used their safety belts. (Front outboard refers to the driver and the right front seat passenger.)3
1 National Highway Traffic Safety Administrations (NHTSA). Police Traffic Services in the 21st Century. n.d. ¶ 3.2 Wisconsin Department of Transportation. 2008 Wisconsin Traffic Crash Facts. 2008.3 Wisconsin Department of Transportation Field Observation of Safety Belt Use in Wisconsin (July 2008)
Many of these crashes can be attributed to drivers breaking motor vehicle laws. Enforcing these laws will reduce death, injury, and the cost to society. As a law enforcement officer, you must understand these laws and learn the procedures used to effectively enforce these laws.
Motor Vehicle Law Enforcement
Most motor vehicle offenses, other than licensing, registration and the more serious offenses are considered “infractions.” An “infraction” is a non-criminal violation of the law, punishable not by imprisonment, but rather by a monetary penalty. This monetary penalty is known as a fine or forfeiture. Traffic violations generally result in a driver’s receiving a written warning or a traffic citation. In Wisconsin, a citation may also result in demerit points being assessed towards the driver’s record.
More serious violations, such as driving under the influence of alcohol or drugs, may result in a driver being arrested. If a driver is arrested he or she may go to jail, and possibly even prison. Jails confine persons held in lawful custody under the jurisdiction of a local government, who are either awaiting trial have been convicted of minor crimes. A prison is a state or federal institution confining those serving sentences for serious crimes.
Although traffic violations may be handled differently from criminal offenses, the same legal standards must be met before you take enforcement action. These standards include needing to have articulable reasonable suspicion to stop a vehicle or seize a person and needing to have probable cause to arrest a person. These legal concepts are explained in more detail in other training sessions on Arrest and Search and Seizure. The key point to remember is that they apply to enforcing traffic laws as well as criminal laws.
OFFICER SAFETY AND PROFESSIONALISMIn 2006, of the 48 officers feloniously killed in the line of duty, 8 of them were killed during traffic pursuits or traffic stops.4 Enforcing traffic laws, while essential to improve citizen safety, can be very dangerous for officers. You will learn specific safety precautions to follow when making traffic stops in Vehicle Contact training. Always keep your own safety and the safety of others as a priority whether you are in your vehicle writing a citation or operating a speed detection device, responding to a crash, or directing traffic.
Equally important is professionalism. For most people, the only official contact they will ever have with law enforcement will be during a traffic stop or crash investigation. When you are in uniform, you represent the entire profession. You have a duty to provide law enforcement services in a professional, courteous and respectful manner. You also have a duty to set a good example with your own driving.
4 Law Enforcement Officers Killed and Assaulted 2006. U.S. Department of Justice, Federal Bureau of Investigation.
December 20091
WISCONSIN TRAFFIC LAWS AND ORDINANCES
Traffic laws protect all those who share our streets and highways. These laws are made for the public’s safety, and enforcement should serve the same purpose. Traffic law enforcement deters the traffic violator or the potential violator and increases the level of voluntary compliance of traffic regulations. Enforcing traffic laws is a vital component in patrol procedures and is the responsibility of every uniformed officer, regardless of rank or assignment. To effectively enforce traffic laws, you need to know motor vehicle law—and know it better than ordinary motorists do. This chapter discusses the laws governing motor vehicle operation, including registration, licensing, rules of the road, and required equipment.
GOALS OF TRAFFIC LAW ENFORCEMENT Traffic law enforcement allows officers to accomplish three important goals:
It helps officers save lives. It helps officers fight major crime. It gives officers an opportunity to interact with the
public.
All three of these are important for different reasons.
Saving Lives
As noted earlier traffic crashes result in more deaths and injuries each year than crime. Improving traffic safety has the potential to save many lives. One of the most important and visible components of a comprehensive traffic safety program is enforcing traffic laws. Traffic laws say where, when and how fast you can drive. These rules help keep traffic organized and moving safely. When these rules are violated, it can lead to traffic crashes, deaths, injuries, delays in traffic, and confusion. You may not have the opportunity very often to pull someone to safety from a burning building or rescue a hostage from a bank robber, but by diligently enforcing traffic laws, you can save lives every day.
Fighting Crime
These days, enforcing traffic laws has a secondary benefit for patrol officers. When you stop a vehicle for a traffic violation you may encounter a person with an outstanding arrest warrant or encounter a person in the process of committing more serious crimes. Murderers, robbers, auto thieves, and drug traffickers all travel by motor vehicle. The driver’s demeanor, the caliber of responses to your questions, and a lack of knowledge about the vehicle are factors that may require
you to investigate the situation further. This further investigation may lead to a criminal arrest. Sometimes that arrest may be critically important: Timothy McVeigh, who committed the Oklahoma City bombing, was arrested during a traffic stop. Interacting with the Public
As noted, for most citizens, contact with an officer performing traffic law enforcement duties is the only direct encounter they will have with law enforcement. Traffic law enforcement represents a crucial opportunity for officers to represent their departments and build trust with the community. How you handle traffic contacts will leave a lasting impression on citizens, and may very well determine whether they will be supportive of law enforcement in the future.
WISCONSIN MOTOR VEHICLE LAWS AND ORDINANCES
This section discusses the Wisconsin statutes that address motor vehicles. We will begin with some definitions.
Definitions
The laws governing motor vehicles employ terminology that can be confusing. Here is a brief explanation of some of the more common terms.
Chapter – A term that identifies a group of related state or federal statutes that have been gathered together within a particular Title or Code.
Code – In general the term “Code” refers to the main body of statutes of the jurisdiction.
Statutes - When people talk about “what the law says” or “what the law is,” they are generally referring to statutes (sometimes called codes). Statutes, which are created by the U.S. Congress and by our state legislators, attempt to lay out the ground rules of “the law.”
Ordinances – City and county laws, usually known as ordinances or codes, apply to many aspects of our daily lives. Local ordinances govern matters such as:
Building and construction standards. Rent control. Noise and nuisance regulations. Public health and safety. Business licenses. Parking. Civil rights and discrimination.
December 20093
Ordinances have the force and effect of law. Because they are local, they cannot override state or federal law. For example, a local law can never be weaker than federal or state law, although in some cases they can be more stringent. A city’s or county’s local ordinances can usually be accessed through their websites or at the city or county clerk’s office.
The existence of ordinances also provides an opportunity for a municipality to collect funds for its treasury, in the form of taxes, user fees, and fines for criminal violations. For example, in order for a municipality to collect fines for traffic violations, an ordinance must be in place which would give the police officer statutory authority to cite a violator for a local violation. If no ordinance for a particular offense is enacted, then the citation must be written as a violation of state law and any fines paid would be placed in the state treasury, not the local treasury. As a consequence, most counties and municipalities have ordinances that effectively adopt the state motor vehicle laws, and allow local officers to issue county or municipal citation for violations.
Elements of the Offense
Every public offense consists of certain elements or component parts, all of which must be present in order to constitute the particular violation. The elements of a traffic offense are found in the law defining it. Each element of the statute in question must be proven in order to support a conviction in court. For example, § 346.12 of the Wisconsin Statutes states that
The operator of a vehicle shall not at any time drive through or over asafety zone when such safety zone is clearly indicated.
An officer citing a driver for violating this section would have to prove both elements of the offense:
that the operator was driving through or over a safety zone
that the safety zone was clearly indicated
If either element is missing, there can be no conviction.
Traffic offenses are created and defined by statute or municipal ordinance. Unless a particular behavior is defined by statute or ordinance as illegal, then it is lawful, although it may not be wise or desirable. For example, driving from the center position or driving barefoot, even though they are generally regarded as unsafe practices, are not against the law—because no law or statute prohibits these behaviors.
WISCONSIN MOTOR VEHICLE LAWS
The Wisconsin motor vehicle laws are a collection of statutes, regulations, and administrative codes that have been officially adopted to govern the orderly operation and interaction of motor vehicles, railroads, bicycles, animals such as horses, and pedestrians on road ways. Traffic laws are the laws which govern traffic and regulate vehicles. These laws and the enforcement techniques and strategies outlined in this manual serve to regulate traffic flow, to reduce traffic crashes, to curtail traffic violations, and to decrease criminal activity.
These statutes include laws establishing the administrative structure for regulating motor vehicles and enforcing motor vehicle law; the rules of the road that govern what drivers can and cannot do, parking regulations, and regulations relating to required safety equipment for vehicles. The motor vehicle code also includes rules for vehicle ownership and registration and driver licensing. Most violations of these traffic codes result in a citation and a fine. More serious violations may be handled through the criminal courts and could result in incarceration. Each state has its own traffic code; however, most of the rules of the road are similar from state to state. This uniformity is important because all states grant reciprocal driving privileges (and penalties) to each others’ licensed drivers. In other words, if you are a driver licensed in Wisconsin, you are legal to drive in Texas (unless your Texas driving privilege has been revoked for some reason). Having the rules of the road be similar in both states not only makes it easier on the Wisconsin driver who does not have to learn Texas law, but it also increases safety, since all drivers are using more or less the same set of driving rules. Wisconsin’s motor vehicle laws can be divided into several sections:
Introduction to Motor Vehicle Law. Vehicle Registration/Titles and Anti-Theft Law. Operator Licensing. Financial Responsibility. Civil and Criminal Liability. Rules of the Road. Vehicle Equipment, Size, Weight, and Load. Occupant Restraints. Powers of State and Local Authorities. Snowmobiles. Habitual Traffic Offenders.
The remainder of this chapter discusses each of these.
December 20095
Introduction to Motor Vehicle Law
The Wisconsin Motor Vehicle Law Chapters that include rules, statutes, the Wisconsin Administrative Codes and reference tables to introduce laws governing motor vehicles in Wisconsin are:
Chapter 110 – Motor Vehicles. The statutes listed in this chapter introduce laws regarding vehicle inspections, the powers and duties of traffic officers and rules regarding emissions programs.
Chapter 194 – Motor Vehicle Transportation. The statutes in this chapter cover laws regarding licensing, registration, inspections and financial responsibilities of motor carrier vehicles.
Chapter 218 – Finance Companies, Auto Dealers, Adjustment Companies and Collection agencies. This chapter covers laws regarding motor vehicle dealers, salespersons, and sales finance companies. It also lists rules for adjustment companies, collection agencies, and community currency exchanges, as well as a variety of dealerships and motor vehicle salvage pools and buyer identification.
Chapter 340 – Vehicles – General Provision. This chapter is one of the most important chapters applying to Wisconsin motor vehicle laws. It lists important definitions that officers need to know to enforce traffic laws. After reading this chapter, law enforcement officers will have a better understanding of terms and phrases used in other chapters. This terminology is the official language that should be used in reports and in court.
Vehicle Registration / Titles and Anti-Theft Laws
The Wisconsin Motor Vehicle Law Chapters that cover vehicle registration, titles and anti-theft laws are these:
Chapter 341 – Registration of Vehicles. The statutes in this chapter discuss procedures to register vehicles within the State of Wisconsin.
License plates – Wisconsin law requires buyers of cars and small trucks (8,000 pounds or less) to display a permanent or temporary plate within two business days of purchase. (See Figure 1-1.) The Wisconsin dealer or financial institution involved in the sale provides temporary plates free to Wisconsin residents. Permanent and temporary plates are also available from the DMV.
Temporary plates - issued to Wisconsin residents are valid for 90 days. Out of state residents purchasing a vehicle in Wisconsin may obtain a temporary plate valid for 30 days.
Driving without plates – is subject to a maximum fine of $200 and handmade “LAF” (license applied for) plates are not acceptable.5
(Figure 1-1)
Chapter 342 – Vehicle Title and Anti-Theft Laws. The statutes in this chapter cover certificates of title, transfer of titles and anti-theft and anti-fraud provisions.
Operator Licensing
The Wisconsin Motor Vehicle Law Chapters that cover operator licensing and reference tables listing abbreviations on drivers’ licenses are these:
Chapter 343 – Operators’ licenses. This chapter lists procedures regarding the issuance, expiration and renewal of licenses. It also lists rules and regulations on cancellation, revocation and suspension of licenses, unlawful practices relative to licenses, identification cards and licensing of driver schools and instructors.
Driver licensing abbreviation code. This code lists the abbreviations used on drivers’ licenses.
Out-of-state abbreviation table. This table lists the abbreviations of other states.
County Code table. This table lists the codes for each county in the state of Wisconsin.
Financial Responsibility
The Wisconsin Motor Vehicle Law Chapter that covers Financial Responsibility regarding vehicles is Chapter 344 – Vehicles – Financial Responsibility. This chapter covers laws on security for past accidents, proof of financial responsibility for the future, penalties for violations regarding financial responsibility and financial responsibility for rented and human service vehicles.
5 Wisconsin Department of Transportation. Temporary License Plates. n.d.
December 20097
Civil and Criminal Liability
The Wisconsin Motor Vehicle Law Chapter that covers Civil and Criminal Liability is Chapter 345 – Vehicles – Civil and Criminal Liability. The statutes in this chapter discuss civil liability, arrests, bail and penalties.
Rules of the Road
The Wisconsin Motor Vehicle Law Chapter that covers rules of the road is:Chapter 346 – Rules of the Road. This chapter lists the rules that keep traffic organized and orderly. The statutes in this chapter will be the statutes you become most familiar with. These are the rules law enforcement officers will write most citations for when conducting traffic law enforcement. This chapter applies primarily on public highways, except as otherwise expressly provided in this chapter.
As a patrol officer you should set an example by following the rules of the road whenever possible. However, there are times that patrol officers will need to exceed the speed limit or enter intersections against a red light, etc., when responding to emergencies. In accordance with § 346.03(1), the operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise privileges set forth in this section, but are subject to certain conditions.
The operator of an authorized emergency vehicle, when giving a signal by audible and visual signal (emergency lights and siren) may (§ 346.03(2)):
Stop, stand or park, irrespective of the provisions of this chapter; Proceed past a red or stop signal or stop sign, but only after slowing down
as may be necessary for safe operation; Exceed the speed limit; Disregard regulations governing direction of movement or turning in
specified directions.
The operator of an authorized emergency vehicle may exceed the speed limit without giving audible and visual signal if (§ 346.03(4)):
Obtaining evidence of a speed violation; Responding to a call which the responding officer reasonably believes a
felony is in progress and:o Knowledge of the officer’s presence may endanger others;o Knowledge of the officer’s presence may cause the suspected violator
to evade apprehension;o Knowledge of the officer’s presence may cause the suspected violator
to destroy evidence of a suspected felony or may otherwise result in the loss of evidence or a suspected felony.
o Knowledge of the officer’s presence may cause the suspected violator to cease the commission of a suspected felony before the officer obtains sufficient evidence to establish ground for arrest.
However, note that §346.03(5) states:
The exemptions granted the operator of an authorized emergency vehicle by this section do not relieve such operator from the duty to drive or ride with due regard under the circumstances for the safety of all persons nor do they protect such operator from the consequences of his or her reckless disregard for the safety of others.
The decision to use the privileges given to operators of authorized emergency vehicles should never be made lightly, since using these privileges creates a potential danger. Officers must weigh the benefits of a quick response to an emergency against the risks of increasing the danger to themselves and the public. You will learn more about this topic in Emergency Vehicle Operation.
Vehicle Equipment, Size, Weight and Load.
The Wisconsin Motor Vehicle Law Chapters and Administrative Code Chapter that cover equipment of vehicles, vehicle size, weight and load and the transportation code are:
Chapter 347 – Equipment of vehicles. The statutes covered in this chapter discuss general provision of vehicle equipment, lighting requirements and other equipment such as brakes, mirrors, etc. (See Figures 1-2, 1-3, and 1-4.)
Chapter 348 – Vehicles – size, weight and load. This chapter lists rules and regulations for vehicle size, load and weight limits. It also covers provisions relating to permits for vehicles.
Chapter 305 – Trans Code. This chapter lists standards for vehicle equipment on automobiles, motor homes, light trucks, motorcycles and for heavy trucks, trailers and semi trailers. (See Figures 1-2, 1-3, and 1-4.)
December 20099
85
TAIL LAMPS
347.06(3) Clean and in proper working order.347.13(1) Required/ Red in color.
Decorative covering.347.13(2) Height requirements not <20” or >72”.347.13(4) Required w/ headlamps and auxiliary lights.Tr.305.16(1)-(5) Missing. Inoperative. Wiring or connectionsin poor condition. Lens or reflectors covered or obscured by objector material. Not wired to be lighted with parking and headlamps.
BACK-UP LAMP
347.26(4) Required/ Operational/ No more than 2.Tr.305.08(1)-(3) Not maintained. Missing or inoperative.Remains on when not in reverse. Wiring or connections in poor condition.Manual back-up switch does not have an indicator light when in reverse.
STOP LAMPS
347.14(1) Required/ Operational.347.14(2) Clean and in proper working order.Tr.305.15(1)-(5) Missing. Inoperative or not maintained. Wiring or connections in poor condition. Lenses missing, not maintained or covered/ obscured by any object or material. High-mounted stop lamps not maintained, working or missing.High-mounted stop lamp is obscured/ covered by object or material.
REGISTRATION PLATE LAMP
347.13(3) Required/ Operational.347.13(4) Required w/ headlamps and auxiliary lights.Tr.305.13(1)&(2) Lamp, wiring and connections must bemaintained in proper working condition. Lamp shinesaway from vehicle.
TURN SIGNALS – REAR
347.06(3) Clean and in proper working order.347.15(1) Must be equipped.347.15(2) Must be equipped with 2 lamps showing toward the rear. Lamps must be red or amber in color.
Decorative covering.Tr.305.09(1)-(5) Light does not function. Signal switchdoes not function properly. Signal indicator inoperative, missing or not maintained. Wiring or connections notmaintained in good condition. Cracked, broken or missing lens or reflector.
SUSPENSION
347.455(1) Modify suspension to raise more than 4 inches abovemanufacturer’s specifications.347.455(2) 4 wheel drive or truck less than 8,000 pounds with modifications allowing a rise of more than 5 inches above the manufacturers specifications.347.455(4) Minimum height may not extend below wheel rim.Tr.305.29(6)-(8) Not maintained. Improperly adjusted, loose,disconnected or broken components. Leaking, ineffective or Improperly modified shock absorber. Shock absorber fails inspection procedure. Springs or shackles are broken or extendedshackles of more than 2” are used. Vehicle noticeably out of alignment.
FRAMES
Tr.305.23(1)-(5) Not maintained in proper conditionBraze type welding repair. Rusted or twisted.Inadequate or improper repair. Part of frame missing.
BRAKES
347.35(1) Brakes required.347.35(1a) Parking brake required.347.36(3) Brakes shall be maintained in good working order.Tr.305.22(1)-(3) Maintained in proper working order.Does not have braking ability on each wheel. Noticeable sidepull when stopping. Insufficient pedal reserve. System leaksor parts are disconnected. Linings, pads, drums or rotors donot meet manufacturer’s minimum recommendations. Cablesare frayed. Hoses abraded. Brake is contaminated. Parkingbrake does not hold or release.
FLOOR PAN/ FIRE WALL
Tr.305.21(1)-(4) (Floor Pan) Not maintained. Rustedareas or holes which could allow entry of exhaust gassesor does not support the weight of passengers or cargo. Body is raised above frame more than 4 “ above manufacture specifications.
(Firewall) Not maintained. Has holes. Cables, wires ormechanisms through firewall are not sealed to preventexhaust gases from entering passenger compartment.Not properly sealed.
HAZARD WARNING LAMPS
347.26(11) Equipped/ Color/ Location/ Visibility.Tr.305.10(1)-(3) Not equipped or inoperative.Loose. Poor wiring or connections
SIDE MARKER LAMPS/ REFLECTORS
Tr.305.14(1)-(4) Not equipped. Not maintained.Wiring or connections not maintained. Notsecurely mounted or maintained.
Chapter 347 and Tr. 305
(Figure 1-2)
86
WINDSHIELD WIPERS
347.42(1) Required and MaintainedTR.305.35(1)-(4) System not maintained. Switch and wiring in poor condition. Blade in poor condition or does not adequately clear the windshield.Washer system inoperative or missing.
WINDSHIELD
347.43(1) Safety glass required.Tr.305.34(1)-(6) Not equipped w/ safety glass. Excessive cracks/damage.Cloudiness. Repairs or damage distort vision. Non-transparent material.Window tinting is allowed under sub (6)(a)-(c). Can not be reflective.
VENT/SIDE & REAR WINDOWS
347.43(1) Safety glass required.Tr.305.32(1)-(7) Not marked or certified safety glass.Unlawful cracks or damage. Drivers window inoperative.Cloudiness or etching in excess of 2” from edge. Posters, signs,stickers or other non-transparent material present. Window tintingis allowed under sub (4)-(6). Cannot be reflective.
MIRRORS
347.40 Required to view 200 feet to the rear.Tr.305.26(1)-(4) Mirror (interior or left outside)missing. Mirror is broken, cracked or discolored.Mirror w/ loose mount.
DOORS/HOOD/LOCKS & LATCHES
Tr.305.19(1)-(4) Latches, locks, hinges andhandles are not maintained in working order. Door ismissing or inoperative. Hood has protrusion of morethan 3 inches. Trunk lid or hatchback latch shall operate properly.
EXHAUST/ AIR POLLUTION CONTROL & FUEL SYSTEMS
347.39(1) Muffler required.347.39(2) No cutout, bypass or modification to amplify noise.Tr.305.20(1)-(8) (Exhaust) Not maintained in proper working order. Useof non-rigid tubing. System is unprotected. Inadequate patch or improperdischarge of fumes from muffler. System does not extend beyond the bodyline. System passes through the passenger compartment.(Air Pollution Control) Not maintained in proper working order.
Tr.305.24(1)-(6) (Fuel System) Not maintained in proper working order.System leaks. Improper fuel cap or cap is loose/ missing. Fuel tank located inpassenger or engine compartment, trunk or in bed of truck (see exemptions inTr.305.24(5)(a)-(c) and (6)). Tank does not meet standards.
TIRES/ WHEELS & RIMS
347.45(1) Rubber tire required.347.45(2) Exemptions from rubber tires.347.45(3) Restrictions on re-cut or re-grooved tires.
Tr.305.30(1) – (9) Less than 2/23” tread depth on tire. Tire may notprotrude more than 2”. Tire and rim may not exceed weight limit ofmanufacture. Tires on the same axle are different in size or construction. Tirehas bumps, bulges, knots, snags or cuts. Tire is not for highway use. Rim isdamaged, dented, bent or distorted, rusted or corroded. Rim has loose ormissing lugs, nuts or bolts.
PARKING LAMPS
347.06(3) Clean and in proper working order.347.27(1) When required.347.07 Proper color of light.Tr.305.12(1)-(3) Not equipped or does not function. Lens is missing or is cracked or broken. Poor wiring/connections.
STEERING
Tr.305.29(1)-(5) Steering is loose or binding. Belts frayed, loose or cracked. Power steering unit does not function properly. Improper steering wheel (<13” Diameter).
BUMPER/ FENDER
347.46(1)&(2) Fender and Mudguards required.Tr.305.18(1)&(2) (Bumper) Required part removed or not equipped. Notsecurely mounted. Improper height. Made of wood. Damaged or ineffective.Tr.305.22(1)-(5) (Fender) Required part removed or not equipped.Severely rusted or damaged parts. Not securely mounted. Extends more than4” beyond original fender line. Projects away in a hazardous manner.
HEADLAMPS
347.06(1) When lamps are required.347.06(3) Clean and in proper working order.347.08 Lamp height measurement procedure.347.09(1) Equipped with 2 lamps mounted symmetrically.347.09(2) Improper height < 24” or >54”347.10 High beam/ Low beam lamps (inoperative/ defective).347.10(1) Decorative covering.347.10(3) Inoperative beam indicator.Tr.305.11(1)-(3) Not equipped. Inoperative lights. Dimmerswitch inoperative. Poor connections or wiring. Unequalnumber and improperly mounted. Missing or loose. Covers.
TURN SIGNALS – FRONT
347.06(3) Clean and in proper working order.347.15(1) Must be equipped.347.15(2) Must have 2 lamps showing towards
the front (White or Amber)Decorative Covering
347.15(3) Indicator required for driver.Tr.305.09(1)-(5) Light does not function. Signalswitch does not function. Covered or obscured. Poorwiring. Cracked, broken or missing lens or reflector.
(Figure 1-3)
December 200911
LIGHTING
(Head lamps)347.06(3) Clean and in p roper working order.347.08 Lamp height measurement procedure.347.09(1)(b) Equipped with 1 lamp but not more than 2.347.09(2) Improper height <24” or >4”347.10(3) Inoperative beam indicator.347.115 Modulating Head lamps allowedTr.305.43(1) Does not meet lighting requirement for headlights, tail lights or brake lights as outlined in 347.
MIRRORS
347.40 Required to view 200 feet to the rear.Tr.305.26(1)-(4) Mirror (interior or left outside)missing. Mirror is broken, cracked or discolored.Mirror w/ loose mount.
HORN
347.38(1) Must be equipped w/ horn in operatingcondition capable of emitting an audible signalwhich can be heard at least 200 feet away.Tr.305.42(1)&(2) Not equipped or in conformitywith 347.38. Not secure. Not activated by a buttonand electrical connection. Not maintained in properworking order.
SUSPENSION
Tr.305.46(1)-(4) Improperly modified suspension.Rake exceeds 55 degrees with less than 2” trail on cycleprior to 1976. Rake exceeds 50 degrees with less than 2inch trail after 1976. Not equipped with front shockabsorbing system. Front suspension is not one piececonstruction or has screw-on extensions or “slugs.” Shockabsorber is not in proper working order or leaks.
TIRES/ WHEELS & RIMS
347.45(1) Rubber tire required.347.45(2) Exemptions from rubber tires.347.45(3) Restrictions on re-cut or re-grooved tires.Tr.305.30(1)-(9) Less than 2/32” tread depth on tire. Tire may notprotrude more than 2”. Tire and rim may exceed weight limit of manufacture.Tires on the same axle are different in size or construction. Tire has bumps,bulges, knots, snags or cuts. Tire is not for highway use. Rim is damaged,dented, bent or distorted, rusted or corroded. Rim has loose or missing lugs,nuts or bolts.
FRAMES
Tr.305.23(1)-(5) Not maintained in proper condition.Braze type welding repair. Rusted or twisted.Inadequate or improper repair. Part of frame missing.
SIDECARS
Tr.305.45(1)&(2) Sidecar not securely attached toframe or attached to other than right side. Sidecar is notequipped with a stop or tail lamp. Optional head lampdoes not meet requirements or 347.09(2).
FUEL SYSTEM
Tr.305.41(1)-(3) System leaks. Missing cap orpositive closing device. Tank is not manufacturertank or does not meet or exceed industry standards.
FENDERS/ BUMPERS
Tr.305.40(1)&(2) Required fender missing (front orrear or both). Fender does not cover width of tread.Fender does not cover lengthwise from 15 degrees to thefront and 60 degrees to the rear. Type 2 motorcycle notequipped with rear bumper as specified for homemade orreconstructed vehicle under Tr.305.18.
EXHAUST
347.39(1) Muffler required.347.39(2) Shall not modify, produce flame or increase noise.Tr.305.39(1) System does not function or is notmaintained. System leaks from exhaust port through piping, muffler prior to end of system. No protective shield or insulated section to portion of system which extends above and behind foot pegs.
(Stop lamp)347.14(1) Required/ Operational.347.14(2) Clean and in proper working order.347.145 Amber deceleration lamp allowed.
(Turn signals / Auxiliary lights/ Marker lights/ Wiring/ Lenses.)Tr.305.43(1)-(4) Does not have 2 amber turn signals to thefront and red or amber to the rear for 1972 cycle or newer. Hasmore than 2 auxiliary lights including lights on side car. Markerlights exceed 10 watts, interfere with visibility of head lamp, taillamp, stop lamp or directional. Marker light is color other thanred to rear and amber to front. All lighting devices and wiring/connections are not maintained in proper working order. Lenses/reflectors are cracked, broken, or missing.
SPEED INDICATOR/ODOMETER
Tr.305.28(1)-(4) Speedometer not maintained inproper working order. Not accurate + or – 5%.Speedometer lamp to illuminate does not come on withheadlights or parking lamps. Odometer not maintained in proper working order or equipped. Speedometer notclearly mounted/ positioned as to be visible to the driverat all times.
(Registration plate lamp)347.13(3) Required/ Operational.347.13(4) Required w/ headlamps and auxiliary lights.(Tail lamp)347.06(3) Clean and in proper working order.347.13(1) Required/ Red in color.347.13(2) Height requirements not < 20” or >72”.347.13(4) Required w/ headlamps and auxiliary lights.
BRAKES
347.35(2) Equipped w/ at least 1 brake.347.36(3) Maintained in good working order.Tr.305.38(1) Does not meet requirements of 347.35(2),347.36 and Tr.305.17. Not equipped with brakes on onewheel or both wheels if originally manufactured.
HANDLE BARS
347.486 Handle grips ride higher than 30 inches from lowestpoint of drivers seat. Handle bar is defective, improvised orrepaired.
(Figure 1-4)
Occupant Restraints6
In Wisconsin, drivers and occupants of vehicles are subject to a fine for not wearing their seat belts. Proper restraints are particularly important for children. Traffic crashes are the leading cause of death to children in America. Each year in the U.S., approximately 1,800 children ages 14 and under are killed as occupants in motor vehicles and more than 280,000 are injured. Safety belts, air bags and proper child safety seats can significantly reduce the rate of injury in a crash.
Current usage for seat belts in Wisconsin is around 75%. From 1992 to 2001, Wisconsin’s fatality total has increased by approximately 19%. The number of lives saved could be substantially increased if more people used safety belts.
Adult Safety Belt Law. As part of the Fiscal Year 2010 Budget Bill, the legislature repealed the Wisconsin law that prohibited an officer from stopping a vehicle solely based on a violation of the seatbelt law. Police can now make a traffic stop solely on a violation of the seatbelt law but cannot make a custodial arrest based solely on the seatbelt violation. This change in the seatbelt law became
6 Wisconsin Department of Transportation. Seat Belt, Child Safety Seats and Air Bags. n.d.
effective for violations occurring on or after June 30, 2009. Additionally, in Wisconsin the driver is responsible to see that everyone in the vehicle is wearing a seatbelt. If an officer is going to cite the driver and passengers for not wearing seat belts, a separate citation is written for each person not wearing a seat belt, and the driver receives an extra ticket for failing to ensure that each passenger in the vehicle was wearing a seat belt.
Child Safety Seat Law. Wisconsin issued a new child safety seat law with an effective date of June 1st, 2006. A 6-month grace period was in effect from June 1st, 2006 until December 31st, 2006. During this time written warnings were issued for any child passenger violations. Beginning January 1st, 2007citations could be issued (§ 347.48(4)). The new law states:
Children must be in a car seat until they reach age 4 and in a booster seat until they reach age 8.
A tiered structure now applies:o Less than 1 year old or less than 20 pounds must be in a rear-
facing child seat in the back seat (if so equipped).o Age 1 – 4, or less than 40 pounds must be in a forward-facing
child seat in the back seat (if so equipped).o Age 4 – 8, between 40 – 80 pounds, and no more than 4 ft. 9 ins.
must be in a booster seat. The fines remain the same, although tiered for ages 0-4 and ages 4 – 8. The exemption allowing temporary removal of a child from a restraint to
attend to personal needs has been removed. The exemption for physical, medical, or body size conditions still applies to
booster seats and seat belts.
Air Bags. By law, beginning with model year 1998, all new passenger cars were required to have driver and passenger air bags and safety belts. Light trucks were subject to the same requirement beginning as of the 1999 model year.
Air bags combined with lap/shoulder safety belts, offer the most effective protection available today for motor vehicle passengers. The National Highway Traffic Safety Administration (NHTSA) estimates the combination reduced the risk of serious head injury by 81%, compared with 60% reduction for seat belt use alone. Unfortunately, there have also been some fatalities involving air bag deployment. Most of these deaths could have been prevented if occupants had also been wearing a safety belt and if children age 12 and under had been properly restrained in the back seat by a child safety seat, booster seat, or seat belt.
WARNING! Emergency personnel have been injured when non-deployed air bags unexpectedly deployed after a traffic crash. If you respond to a crash scene, and the air bag has not deployed, do not place any part of your body between the driver or passenger in the front seat and the wheel or dash board. The air bag may suddenly deploy, hitting you and pushing you into the injured
December 200913
person causing injury. Air bags may activate up to 45 minutes after the battery has been disconnected. Powers of State and Local Authorities
The Wisconsin Motor Vehicle Law Chapter that covers the powers of state and local authorities regarding vehicles is Chapter 349 – Vehicle – powers of state and local authorities. This chapter discusses express regulatory powers and licensing powers.
Snowmobiles
The Wisconsin Motor Vehicle Law Chapter that covers rules and regulations of snowmobiles is Chapter 350 – Snowmobiles. This chapter discusses all the rules and regulations regarding snowmobile operation. Some of its provisions include the following.
A snowmobile shall only be considered a motor vehicle for purposes made specifically applicable by statute. Any Conservation Warden, State Patrol officer (Trooper or Inspector), County Sheriff or Municipal Officer may enforce snowmobile laws. Unless exempt, all snowmobiles must be registered for public or private use and display decals. To operate a snowmobile legally, operators must be:
At least 12 years old, Possess a valid Snowmobile Safety Certificate; and Carry the certificate while operating the snowmobile.
Operators must show an officer the Safety Certificate if requested. This does not apply to children operating solely on their parents’ land.
Rules for Operating a Snowmobile (§ 350.101). It is illegal to operate a snowmobile while under the influence of alcohol or drugs while on property held out to the public. It is also illegal to operate under the influence if on private property if permission has not been given to ride there and an accident results. The legal limit for alcohol is 0.08.
You cannot:
Operate a snowmobile upon any freeway. Operate a snowmobile in a careless manner so as to endanger a person
or property. Operate on a person’s private property without their consent. Owner is
not required to post. Operate a snowmobile on or across a cemetery, Indian lands, burial
ground, school or church property without consent.
Operate at a speed that is unreasonable or improper under the circumstances.
Transport a firearm or bow on a snowmobile, unless the firearm is unloaded and encased or the bow is unstrung or in a carrying case.
Refuse to stop your snowmobile after being requested to do so by a law enforcement officer.
You can:
Ride directly across any roadway having fewer than 5 lanes, but only after stopping and yielding the right-of-way to all vehicles approaching on the roadway.
Ride directly across a roadway having 5 lanes, in the manner specified above, if DOT authorizes it.
Unless prohibited and posted, ride on the roadway of highways to cross a bridge, culvert or railroad right-of-way, but only after yielding the right-of-way to all vehicle traffic.
Ride on the roadway of county or town highways and city or village streets for authorized snowmobile events.
Operate a snowmobile next to a roadway with due regard to safety in the following manner:
o Along US numbered highways, state or county highways at a distance of 10 or more feet from roadway.
o Along town highways outside of the roadway. o During daylight hours, travel in either direction regardless of flow of
vehicle traffic.o At night, travel must be in the same direction as vehicle traffic in the
nearest lane unless the snowmobile trail is located at least 40 feet from the roadway.
o When traveling next to the roadway, the speed limit for the roadway must be obeyed unless otherwise posted.
Distance, Hours and Speed Regulations. Snowmobiles must not go over 10 mph and must yield the right-of-way when within 100 feet of a person on foot; 100 feet of an ice fishing shanty; or within 150 feet of a home or dwelling between the hours of 10:30 PM and 7:00 AM. Snowmobile Equipment. Any snowmobile operated during hours of darkness or during daylight hours on any highway right-of-way shall display:
A head lamp (white light) A Tail lamp (red light) At all times a muffler, in good working order.
December 200915
Snowmobile Crashes. Any crash that results in an injury requiring treatment by a physician or a fatal incident must be reported as soon as possible to a Conservation Warden or other law enforcement officer.
Habitual Traffic Offenders
The Wisconsin Motor Vehicle Law Chapter that covers habitual traffic offenders is Chapter 351 – Habitual traffic offenders. This chapter discusses procedures for handling habitual traffic offenders.
A habitual traffic offender is a person who has accumulated four major traffic convictions (including those from other jurisdictions) or a combination of twelve minor and major convictions in a five-year period. Major offenses include operating under the influence, eluding an officer and reckless driving.
If someone is identified as a habitual traffic offender, the DMV administratively revokes that person’s driving privileges for five years. (If the person is unlicensed, he or she may not obtain a license for five years.) After a two-year waiting period a person may, under certain conditions, obtain an occupational license by filing an application with the Circuit Court in the county in which he or she resides. The two-year period is counted from the date of the revocation order.
NOTE: All of the chapters regarding motor vehicle laws can be accessed via the internet through The Wisconsin Department of Transportation’s Motor Vehicle Laws web site at: http://www.dot.wisconsin.gov/drivers/lawbook.htm.
IMPOUNDING AND REMOVING VEHICLES
Some traffic violations or situations result in law enforcement officers needing to immobilize or impound a vehicle. Some of these include a vehicle obstructing traffic, someone parked where a sign prohibits parking, a court order for impoundment, or a car illegally parked on private property. The statutes you should be familiar with are discussed in the following sections.
Unregistered Motor Vehicles
Any municipal or university police officer, sheriff’s deputy, county traffic patrolman, state traffic officer or conservation warden who discovers any unregistered motor vehicle located upon any highway may cause the motor vehicle to be immobilized with an immobilization device or removed to a suitable place of impoundment. Upon immobilization or removal of the motor vehicle, the officer or warden shall notify the sheriff or chief of police of the location of the immobilized or impounded motor vehicle and the reason for the immobilization or impoundment (§ 341.65(2)(b)).
Upon causing the removal of the motor vehicle by a towing service, the officer or warden shall, within 24 hours of ordering the removal, notify the towing service of the name and last-known address of the registered owner and all lien holders of record of the vehicle, unless the officer is employed by a municipality or county that has entered into a towing services agreement which requires the municipality or county to provide notice to such owner and lien holders of the towing. Impounding / Tow-Away
Any motor vehicle, trailer, semi-trailer or mobile home left unattended on any public highway or private or public property, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned shall be impounded until lawfully claimed or disposed of under sub.(3) except that if it is deemed by a duly authorized municipal or county representative that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked or sold by the municipality or county prior to the expiration of the impoundment period upon determination by the chief of police or sheriff having jurisdiction that the vehicle is not stolen or otherwise wanted for evidence or other reason (§ 342.40(2)).
Operating While Suspended, Revoked, Ordered Out-Of-Service or Disqualified
In addition to other penalties for driving while a license is suspended, revoked, ordered out-of-service or disqualified, the court may order the vehicle impounded. The court may determine the manner and period of impoundment. The cost of keeping the vehicle constitutes a lien on the vehicle (§ 343.44(4)).
Seizing Vehicles
The court may order a law enforcement officer to seize the motor vehicle used in the violation or improper refusal and owned by the person whose operating privilege is revoked (§ 346.65(6)(a) 1+2m).
Authority to Regulate Stopping, Standing or Parking of Vehicles
Whenever a traffic officer finds a vehicle standing upon a highway in violation of a prohibition, limitation or restriction on stopping, standing or parking imposed under chapter 346 or this section, or a disabled vehicle that obstructs the roadway or freeway or expressway, the traffic officer is authorized to move the vehicle or to require the operator to remove the vehicle to a position where parking is permitted or to either private or public parking or storage premises (§ 349.13(3)).
December 200917
TRAFFIC VIOLATION DETECTION AND ENFORCEMENT
Being familiar with traffic laws is not enough. You must also become proficient at enforcing them fairly and equitably to improve public safety. In this chapter you will learn techniques for traffic law enforcement as well as some pitfalls to avoid.
SELECTIVE LAW ENFORCEMENT
Selective traffic law enforcement is a problem-solving strategy to aid in the protection of life and property through the reduction of traffic collisions. Selective traffic law enforcement addresses the kinds of traffic violations that are major causes of collisions and concentrates enforcement at those locations where most of these violations and resulting collisions occur, at the times of day and days of the week when their incidence is the highest. With the limited resources available to law enforcement, the program attempts to maximize the productive use of officer time to achieve a meaningful reduction in fatalities, injuries and property damage. Selective Traffic Enforcement Programs
An effective selective traffic enforcement program manages vehicular and pedestrian traffic. For the program to be effective, it must be uniform and must include sustained enforcement operations in specific locations, and at the periods of time which are statistically shown to be most hazardous to highway users. Selective traffic law enforcement is usually used for a pre-determined length of time. For example, a city may choose to run a program emphasizing seat belt usage from Memorial Day to Labor Day.
Selective Traffic Enforcement Programs (STEPs) are strategies in which police forces target a particular area at a particular time (major highways on a holiday weekend, for example) and coordinate a media campaign to let the public know about their upcoming enforcement blitz. The enforcement effort will be routinely directed toward the times and locations where traffic crashes, violations and criminal acts take place.
Selective Traffic Enforcement Program (STEP) Techniques
A number of techniques are used in STEPs. Some of these are discussed in the following paragraphs.
Saturation Patrol. One of the commonly used selective enforcement techniques is the saturation patrol. Saturation patrol is often the term given to a high number
of officers converging into a limited area. The officers, or patrol, infuse into the designated location and make as many contacts as possible.
The increased activity and mere presence of the officers has the psychological effect on the population that they have been inundated with officers. This effect is increased by the constant movement of the officers and the increased number of stops than would normally be made during routine patrol.
Saturation patrols require little development and little management. The main idea is to have officers in an area that is small enough to present the appearance of being flooded with officers. The smaller the area, the more exaggerated the actual number of officers becomes. Working the saturation patrol assignment requires the officer to make as many stops as possible, and to be seen as often as possible, preferably with their squad’s emergency lights activated.
Effective saturation patrols are difficult in small departments. Where available officers are limited, to get the full effect, it may be necessary for departments to make saturation patrols a cooperative effort.
Regular Patrols. Regular patrols should enforce the specific violations targeted by saturation patrols as well. All officers should emphasize the importance of the specific law during the STEP. Patrol supervisors must emphasize to officers working regular patrols that enforcement of the specific law targeted by the STEP must occur during every enforcement contact.
Citations. Saturation patrols and regular patrols will most likely write more citations for the specific violations that lead to the community problem that the STEP is addressing. The number and type of citations should be recorded for statistical purposes and will help determine if the STEP had an impact in preventing future violations.
Media Blitz and Education Materials. Enlisting the media and providing information that will educate citizens is an important tactic to ensure the success of STEPs. Without the accompanying information, a STEP may seem like an arbitrary crack-down. Some of the techniques that can be effective include these:
Kick-Off Events – Kick-off events can be used to attract attention to overall program intent, show support for the program and announce how and when a program will occur. Speakers, such as community leaders, law enforcement officials, crash victims, and even celebrities can bring a lot of attention to the event.
Press Releases – Press releases are another way to announce the use of stepped-up law enforcement and when and where it will occur. This release of information includes using not only newspapers, but also radio and televised news casts to broadcast this information.
December 200919
Public Service Announcements – Public Service Announcements (PSA) can be expensive; however, it is another way to get the word out about a STEP. A radio PSA can be less expensive than air time for a televised PSA. Radio announcements receive more air time and can reach people while they are in their motor vehicles. This can be extremely effective if the announcement is made during traffic rush hours.
Printed Materials – Hand outs, flyers and pamphlets can be posted, handed out and even emailed. These contain statistics on crashes, or information on the violation the STEP is enforcing.
Other Sources – Other sources of media can be used to advertise the STEP and educate the community on the problem. Billboards or posters with safety messages on them can be used and feedback signs, posted along heavily traveled roads, can update the community on how the program is working.
Bias-Based Policing
Bias-based policing is not a form of selective law enforcement. Selective law enforcement addresses traffic violations that cause collisions and concentrates enforcement at those locations where most of these violations and resulting collisions occur, at the times of day and days of the week when their incidence is the highest. Bias-based policing, an unacceptable form of policing, is defined as:
The act (intentional or unintentional) of applying or incorporating personal, societal, or organizational biases and/or stereotypes as the basis, or factors considered, in decision-making, police actions, or the administration of justice.7
The term “racial profiling,” also known as “Driving While Black or Brown (DWB)” is:
The act of using race as the basis for any police action that imposes on the basic freedoms granted in a democratic society.8
Most of a police officer’s job involves the exercise of discretion, and traffic law enforcement is no exception: Who gets a ticket and who gets a just warning? Do we make a physical arrest or write a misdemeanor citation? Which cars do we search? Which cars do we even stop? It would not be humanly possible to stop every violator of every traffic law—and even if it were, while the officer was citing one driver, others would be free to commit violations with impunity. The
7 Davis, Ronald, L. Bias-Based Policing. National Organization of Black Law Enforcement Executives. ¶ 3 (n.d.) 8 Davis, Ronald, L. Bias-Based Policing. National Organization of Black Law Enforcement Executives. ¶ 6 (n.d.)
more room for discretion, the more potential there is for unfairness—and the harder it is to detect. The problem is compounded because officers often use traffic stops as an investigative tool, especially for drug interdiction. Because of officers’ wide discretion and the potential inconvenience of being ordered out of the car and having one’s person and vehicle searched, it is easy for people to feel picked on.
Perceptions of unfairness—whether accurate or not—have bad consequences for the police. Citizens who believe the police are being unfair are more likely to be hostile, and this hostility can easily escalate into violence. If the perception of unfairness is widespread among minorities, they will be less willing to cooperate with the police or give information to the police. Lack of cooperation makes it more difficult for the police to reduce crime in minority neighborhoods and fuels the perception that the police do not care about minorities.
Race can be considered in police work, but only as part of a description of a known suspect in a crime already committed. If you are looking for a suspect matching a specific description, then race, color, or ethnic background can legitimately be part of that description, just as height or shirt color can be. However, if it is the only descriptor, an officer would need something more to justify a traffic stop. If the only thing you know about a suspect is that he is a white male, you certainly cannot stop every white male.
Officers should be especially careful about conducting searches. The law permits officers to ask any stopped driver for consent to search. However, permitted does not always equal desirable. Citizens may feel coerced. The police know that citizens can refuse, but the citizens may not, or they may think a refusal will result in detention or arrest. Searches are perceived as invasive by the citizen. To be sure if you should pursue a consent search you should ask yourself two questions.
Would I want to search the car if the driver were white? Is the result likely to be worth the tradeoff in “customer relations?”
Another test to determine racial profiling is to ask yourself, “If the situation were exactly the same – but with a white driver – would you still stop the car? Would you still want to search?” If the answer is yes, it is not racial profiling, if the answer is no, it is racial profiling.
When you do make a traffic stop, take the time to explain the reasons for the stop. Recognize that allegations of racism may be sincere, even if wrong, and don’t get defensive. A person’s perceptions and attitudes are shaped by a lifetime of experience. When you put on a uniform, you take on the baggage of a citizen’s past contacts with the police, and you have the chance to influence their next contact for the better. Above all, be sure that your own actions are not
December 200921
based on bias. Whether intentional or unintentional, the application of bias in policing tilts the scales of justice and results in unequal treatment under the law.
TRAFFIC SURVEILLANCE
Traffic surveillance includes a combination of engineering controls, maintenance, traffic signals, signs, and law enforcement. These measures are designed to monitor and control traffic and manage transportation on streets and highways with the goal of improving traffic flow, transportation performance and safety. Law enforcement officers play a vital role in traffic surveillance by monitoring traffic, issuing warnings and citations when violations occur, and responding to other incidents involving vehicles.
Patrol officers detect violations and enforce the rules of the road through patrolling and observing traffic, establishing selective law enforcement programs, using speed detection devices, observing driving behaviors and ensuring drivers have appropriate identification. In some instances, officers may need to remove vehicles and have them removed (towed) to keep roads and highways clear and to keep traffic moving in an orderly fashion. Law enforcement officers need to know and understand the rules, procedures and devices used to conduct effective traffic surveillance.
Traffic Patrol
Vehicle patrol officers are usually dispatched as solo patrols or in two-officer teams. When solo patrol is used, you will be patrolling your district alone. You may team up with another officer to make field contacts, issue citations, check open doors and respond to many calls, but much of the time you should be on your own. Do not use your patrol vehicles to hide from people or from your patrol duties. When you are on vehicle patrol, you should get out of your vehicle frequently. Depending on your shift and beat, you may not even have a chance to stay in the vehicle very long, because vehicle patrols handle virtually all calls for service.9
When patrolling, operate your vehicle at normal speeds and follow the general rules of the road. By following the rules of the road, you are setting a good example and driving safely. Imagine the image you present if you stopped a person for exceeding the speed limit or for rolling through a stop sign when you just violated that same law. Obviously, there are times you will need to exceed the speed limit or exercise special privileges, such as when pursuing a suspect or pacing a vehicle, but in the normal course of patrolling, you should follow the rules of the road. This includes parking. Park the vehicle legally, remove the ignition key and lock the vehicle, unless an emergency condition exists.
As you patrol your area, you may drive at slower speeds, because you are paying attention not only to traffic, but also to the surrounding environment. Be 9 Adams, Thomas, F. Police Field Operations. 6th Edition. 2004. Page 195
aware of the traffic around you and pull over from time to time to allow traffic to pass at its normal speed. If the weather permits, you may want to keep your windows down so you can hear the typical noises in your beat. Often times, strange noises will alert you to problems, so try and keep the radio down and windows open to hear better. Be sure to drive around streets and neighborhoods that you haven’t visited in a while to let residents know that their police department is still working for them.10
Avoid driving in a set pattern; your patrol should be irregular and unpredictable. You may start at one side of your area and go straight across, or work in a clover leaf pattern, etc. Ensure you move around the district and remain visible as much as possible. Sometimes you may want to drive a route, wait a few minutes and then re-drive that same route. Often times it is assumed you will not return to the same spot after you just drove through it. By retracing the same route you are keeping your patrolling irregular. Patrol your whole district, but pay particular attention to the hot spots that have been identified in that area.11
Some specific techniques for patrol and traffic observation include the following:
Line Patrol – This form of traffic observation is made using a moving patrol car or from a stationary location on a specific route between two points, usually on a major street or section of highway. This method is often used while officers monitor traffic with speed detection devices.
Area Patrol - This form of patrol is in an area or beat which includes a number of streets, roads, or intersection of highways. This is usually the type of patrol officers will use on a day-to-day basis. It is also used to patrol an area of high traffic violations involving several city blocks or sections of roadways.
Directed Patrol – A traffic patrol directed toward a certain traffic offense or to a stationary post.
Stationary Observation – Observation of traffic conditions at a selected place, usually one with a high crash rate or traffic flow problem, used especially to detect violations and deter possible violations.
Conspicuous Observation – Stationary observation in which the observer remains in full view of traffic (attempts to attract as much attention as possible to deter violations). This type of observation is especially useful when officers are completing routine paperwork in a marked patrol car and choose a site clearly visible to high traffic volume.
Visible Observation – Stationary observation in which the observer is in full view but is so located, for example, on a side street, that it requires
10 Adams, Thomas, F. Police Field Operations. 6th Edition. 2004. Page 19511 Adams, Thomas, F. Police Field Operations. 6th Edition. 2004. Page 196
December 200923
effort on the part of drivers to discover the observer. This type of traffic patrol is usually used when officers monitor traffic from a stationary position with speed detection devices.
Concealed Observation – Stationary observation to which the observer is not visible to persons using ordinary powers of observation from the roadway being used.
Marked and unmarked vehicles may be used, when authorized by a law enforcement officer’s department. However, officers should be particularly aware that certain individuals, such as female motorists, elderly drivers, and others, may be reluctant to stop for an unmarked car that they are unsure is a legitimate police vehicle. Any unmarked vehicle should be equipped with emergency lights and sirens, and officers must take reasonable steps to properly identify themselves when making stops and approaches.12 Your department may specify further procedures for using unmarked cars for traffic law enforcement, and you should be familiar with your department’s policy in this regard.
DRIVERS AND VEHICLES
Certain driving behaviors and vehicle conditions may indicate a violation of the motor vehicle laws. This section addresses these.
Driving Behaviors
In addition to enforcing speed limits, law enforcement officers should also be on the lookout for driving behaviors that may indicate a person is driving under the influence, having car trouble, suffering from a medical condition or medical emergency, or violating or about to be violating a traffic law. Behaviors indicating driving under the influence will be addressed further in specific training on detection of drunk drivers. This section discusses behaviors associated with aggressive driving, inattentive driving, and the effects of car trouble on driving behaviors.
The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as “the operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property” – a traffic offense and not a criminal offense like road rage. Aggressive driving, however, can easily escalate into a violent incident.
Some of the following behaviors are illegal, others are just unsafe. Either way, law enforcement officers should watch for these types of behaviors which will alert them to possible problems.
12 Highway Safety Committee, International Association of Chiefs of Police. Highway Safety Desk Book. Page 3-40. September 2004.
Speeding or driving too fast for conditions. Improper lane changing. Tailgating. Improper passing. Distracted drivers (talking on cell phone, tending to children in car seats,
eating, etc.) Driving through a cross-walk occupied by a pedestrian. Running traffic lights or signs. Not yielding at intersections to the driver on the right when arriving
simultaneously. Turning incorrectly at intersections. Making unsafe U-turns. Not signaling before slowing for a turn or before changing lanes. Weaving in and out of traffic. Passing stopped school buses when warning lights are flashing. Driving too slowly when unwarranted. Speeding in marked construction areas. Illegally parking in roadways, on bridges, in crosswalks, close to fire
hydrants and driveways. Throwing items from a vehicle. Driving with one or more wheel off the road. Obscene or offensive gestures. Aggressive head light use – flashing headlights to denote irritation of
another driver. Aggressive horn use – Leaning on the horn to express anger. Lane blocking – to prevent cars from passing them. Jack-rabbit starts as a traffic light turns green.
Vehicle Condition
Some driving behaviors result from vehicle condition and/or problems with a vehicle or equipment. Various issues with vehicles can lead to difficult handling, a rough ride, extreme vibration and poor performance of the vehicle. Some of these include the following:
Misaligned wheels or worn steering components which can cause wandering or difficulty in steering in a straight line.
Pulling – the vehicle’s tendency to steer to the left or right – can be caused by something as routine as under-inflated tires, or as serious as a damaged or misaligned front end.
Worn shock absorbers or other suspension components – or improper tire inflation – can contribute to poor cornering.
Unbalanced or improperly balanced tires can cause a vehicle to vibrate and may wear steering and suspension components prematurely.
December 200925
Brake problems can cause a vehicle to pull to one side when the breaks are applied or cause a delay in stopping time.
Engine trouble can cause a vehicle to stall in traffic or cause poor acceleration from a stopped position.
Rusty or damaged parts, such as mufflers, can fall off of a vehicle in traffic which could lead to cars weaving to miss debris and cause a crash.
If you see driving problems that may be caused by a vehicle fault, consider making a traffic stop. If you find a problem with the vehicle’s condition, you may decide to issue a citation or warning, which may prompt the owner to correct the problem and prevent a serious accident in the future.
SPEED DETECTION
Long regarded as a primary factor contributing to collisions, speed can take two forms: exceeding the posted speed and going faster than conditions, such as heavy traffic or poor weather, permit. Both are dangerous. The speeder has less time to react to a hazard since his/her vehicle covers distance more quickly than it would at a slower speed and speed also increases total stopping distance.
Higher speeds contribute to the severity of crashes. As speed increases, the potential for injury also increases and there is a greater chance of death and disabling injuries. A speed-related crash is defined as a crash in which at least one driver involved in the crash received a citation for speeding or was listed on the accident report as exceeding speed limit or speed too fast for conditions. In 2006, speed was listed as a contributing cause in 16% of all crashes and in 36% of all fatal crashes in Wisconsin.13
Law enforcement officer use a variety of methods and detection devices to find speed violations. This section gives an overview of different methods and speed detection devices. We begin with methods that do not require special detection devices.
Speed Detection Methods
Three methods are in common use to detect speeders. These are
Clocking or Pacing. Approximation.
13 Wisconsin Department of Transportation. 2006 Wisconsin Traffic Crash Facts. 2006
Aircraft.
The following discusses these in more detail.
Clocking or Pacing. This is one of the least expensive and readily usable methods of speed enforcement. Pacing uses the patrol vehicle speedometer to clock the suspect vehicle’s speed; however, this method can only be used in the moving mode. The officer positions his/her vehicle behind the suspect vehicle and matches the driving speed. This method of speed enforcement requires an officer to get his patrol vehicle close enough to the speeder to pace the speeding vehicle accurately, while still maintaining the proper following distance. If the vehicle is in fact speeding, then to execute this method, officers will need to exceed the speed limit as well. Pacing a vehicle is one of the permitted circumstances for officers to exceed the speed limit identified in § 346.03 of the Wisconsin Statutes.
This method can be used in any type of weather, in any type of terrain and during any light condition. However, the speedometer must be calibrated regularly and must be used responsibly. When a speeding car is detected and the clock is completed, the vehicle should be stopped. Do not follow a violator for miles in hopes of clocking the violator’s maximum speed. Remember—one of the purposes of speed enforcement is to make the roads safer; allowing a speeding vehicle to continue in a hazardous manner for long distances does just the opposite.
Some key points to remember when pacing include the following:
Always keep alert and drive carefully while clocking or pacing a violator vehicle.
Try to position yourself to pace the suspect vehicle without being observed by the violator.
You may have to catch up to the violator and then slow down to the violator’s speed. Be careful not to confuse the speed used to catch up to the vehicle with the pacing speed.
Pace the violator at a constant speed for a sufficient distance to be sure of the violator’s speed.
Be sure to remain in constant visual contact with the violator’s vehicle. Curves and hills may prevent an accurate pace.
If the violator’s speed is abnormally excessive, you may want to stop the violator as soon as possible in order to prevent a crash.
December 200927
Once you have determined the speed of the violator, follow the correct procedures for stopping the violator.
If two officers are in the vehicle, only the driver should note the speed since only he or she can look directly at the speedometer. The officer in the passenger seat may get a false reading due to the angle of sight.
Your vehicle speedometer must be properly calibrated to use this method of detection. Make sure you have documentation of the calibration to show in court.
Approximation. Approximation simply means that you have estimated a vehicle’s speed. While not as easily proven as mechanical methods of speed detection, approximation remains a valid means of speed detection. However, the accuracy of an estimate depends on the facts available on which to base them and on the ability and credibility of the estimator.
The ability to estimate speed accurately is gained through training and experience. When in court, the officer will usually have to testify as to his or her experience and ability to accurately estimate the speed of a vehicle in motion.The ability to estimate vehicle speed accurately within 1 mile per hour is uncommon. A more practical standard for an officer is within 5 miles per hour. Many people, including laypersons, can accurately estimate speed within 10 miles an hour and can testify to it in court.
Aircraft. This method of speed enforcement uses a combination of ground-based vehicle and either a fixed-wing airplane or helicopter. A measured course is identified by painted lines on the pavement. As vehicles travel on the measured course, a stopwatch is activated in the aircraft. Once the course is completed, the speed is calculated, using the formula speed = distance/time. If the vehicle was speeding, the vehicle description is broadcast to the ground units, which can then respond accordingly.14
Speed Detections Devices
Speed measuring devices are also commonly used by law enforcement officers to control speed, increase compliance with traffic laws and to conduct speed studies. All officers who operate any speed measuring devices must first attend specialized training and use the equipment under the supervision of a Field Training Officer (FTO) before being authorized to apply the equipment in traffic law enforcement. For example, LIDAR training requires 24 hours of formal classroom instruction, a written exam and 16 hours of supervised field practice before one can be certified. This section of the text is meant only to introduce you to the different types of devices agencies may use; you will receive further training on the specific devices your agency uses during your first few months of field training.14 NHTSA. The Highway Safety Desk Book. IACP. Page 53. n.d.
Speed detection devices used in law enforcement include the following:
RADAR. LIDAR. Photo RADAR. Average Speed Computers.
The following paragraphs discuss each of these.
RADAR. RADAR stands for Radio Detection And Ranging. These speed measuring devices transmit radio waves at a designated frequency that reflect off of a moving target vehicle and return to the unit. The radio waves shoot out in a cone-shaped pattern that covers roughly two-thirds of a football field at a range of 1,000 feet.15 When the wave is reflected, it changes frequency and is interpreted by the radar unit in a speed calculation. This change is referred to as the Doppler effect or Doppler shift. The greater the shift received by the unit, the greater the speed of the vehicle. The instrument then converts the frequency shift into a speed reading displayed by the radar unit in miles per hour. Aiming the radar in the general direction of the target vehicle allows the operator to get a nearly instantaneous reading.
One disadvantage of radar units is that, unless the operators have been properly trained, the wrong motorist can be cited for speeding. Radar has a wide beam and the devices are not target-specific. Instead, the operator is responsible for accuracy. As a consequence, RADAR units are more difficult to use in congested traffic areas. Training can help officers use radar correctly in most traffic conditions, but it will be more difficult in congested areas.
Three basic types of RADAR devices are used by law enforcement officers: stationary, moving/pacing, and hand-held.16
Stationary RADAR is normally operated from a patrol vehicle parked along a roadway for stationary observation and enforcement. Additional patrol vehicles may be placed to intercept vehicles identified as speeding by the RADAR-equipped patrol unit.
Moving RADAR units installed in a patrol vehicle, allow the officer to selectively monitor speeds of approaching vehicles while the patrol vehicle is also moving. The mobility of moving RADAR-equipped patrol vehicles allows high visibility of law enforcement patrols, which is an important deterrent to speeders.
15 Koran, Greg. n.d. Radar vs. Lidar: Which will work best for you? Law Enforcement Magazine. ¶ 5. n.d.16 U.S. Army Military Police Corps. FM 10-25 Military Police Traffic Operations. U.S. Army. Chapter 6, Pages 31-32. September 30, 1977.
December 200929
Hand-held RADAR units, commonly known as speed guns, are also common. After being turned on, the speed gun continuously emits a microwave signal that bounces off the vehicle and is absorbed by the shield in front of the speed gun. This is instantly translated into a digital readout on the screen of the speed gun and can be locked in by pulling the trigger. This allows the reading to be held on the screen until the release button is pushed.
(Figure 2-1) (Figure 2-2)
LIDAR. LIDAR, which stands for Light Detection And Ranging, are devices that send out a laser beam (an infrared light wave) at frequencies that allow the beam to be focused into an extremely narrow target area. The initial bursts of light allow the LIDAR unit to determine the distance to the target vehicle by calculating the time it takes the beam to reflect off of the vehicle and return to the unit. As the vehicle gets closer to (or farther from) the unit, this distance changes. LIDAR units use this change in distance and time as key components to determine the target vehicle’s speed. The theory behind laser technology is that speed is calculated by dividing the distance by the time of the light pulses of the laser (S=D/T of light pulses).17
The laser beam is very narrow (about 4 feet wide at 1,000 feet), which allows the LIDAR operator easily to distinguish the target vehicle. Because the LIDAR signal only hits one vehicle, there’s little doubt which vehicle’s speed the unit displays. The operator can obtain a speed reading for a specific vehicle as long
17 NHTSA. The Highway Safety Desk Book. IACP. Page 53. n.d.
as there is a direct line of sight with that vehicle.18 LIDAR devices are usually used in the hand-held mode. Using a laser device through glass reduces its range, so when it is used from a vehicle, it‘s best to aim through an open window.
NOTE: The FCC regulates radiated emissions from high speed circuits such as processing circuits inside laser speed detection devices. The Federal Drug Administration (FDA) Center for Devices and Radiological Health (CDRH) regulates laser products sold in the United States. Traffic laser detection devices are considered Class 1 devices (by American National Standards Institute definition) and are considered eye-safe based on current medical knowledge. Nevertheless, it is probably not a good idea to stare at the laser aperture while transmitting, especially at close range.19
(Figure 2-3) (Figure 2-4)
Photo RADAR. Photo RADAR is simply an extension of regular radar. This technology uses photography to capture the vehicle and license plate when the violation occurs. The date, time, and speed can be superimposed onto the photograph. Under good conditions, some can also capture the image of the operator in the picture. Photo radar can be used in manned or unmanned applications. It is usually used in jurisdictions where specific legislation permits its use and where vehicles have both front and rear plates.20
Average Speed Computers. Average Speed Computers, sometimes called VASCAR (Figure 2-5, are devices mounted in the patrol car that use a programmed computer to measure speed by dividing the distance traveled by the time it took to travel the distance. Average speed computers emit no beams and can be used in all weather and traffic conditions. They are target-specific and can be used in a moving or stationary mode. Some consider this a better measurement of speed, since it measures average speed over the target area, rather than maximum speed, as do other devices.
18 Koran, Greg. Radar vs. Lidar: Which will work best for you? Law Enforcement Magazine. ¶ 7. n.d.19 Police Traffic Radar Handbook. Laser Radar Introduction. Page 3. n.d.20 NHTSA. The Highway Safety Desk Book. IACP. Page 53. n.d.
December 200931
(Figure 2-5)
Regardless of the type of device used, effective speed enforcement requires good operator training and proper device maintenance.
Operators require minimum training in site selection, positioning and handling of the antenna, use of internal calibration system or tuning fork, judging effects of terrain and structural influences, and severe weather conditions such as heavy rain. Before using any speed measuring device for enforcement, officers must demonstrate their ability to operate the device by actual performance tests under varying field conditions.
Officers should be given instruction as to the proper care of any speed measuring devices assigned to them and should be familiar with the correct operating procedures for each device. In addition, a scheduled maintenance program in accordance with manufacturer specifications must be established and records maintained of services performed by qualified technicians.
December 200933
WISCONSIN’S DRIVER LICENSES AND IDENTIFICATION CARDS
The information listed below is from the Wisconsin Department of Transportation website at:http://www.dot.state.wi.us/drivers/drivers/apply/types/digital.htm
DRIVER LICENSE FORMATS
Since September 2005, Wisconsin has issued driver licenses that represent an improvement over previous formats. Some of the features are security-related, including these:
The cards are covered with an overlay that contains a hologram of the word “WISCONSIN” and the Wisconsin coat of arms. (See Figure 3-1.) This special overlay makes it more difficult to alter the cards and re-laminate them, since ordinary lamination does not contain the holograms.
Drivers’ images are now captured using digital photography. This makes it easy to compare new images with earlier ones because they are filed electronically. This makes it more difficult to steal someone’s identity by getting a duplicate license to replace a “lost” one and substituting the thief’s picture for the proper owner.
Figure 3-1
Additional changes include a larger font size for easier reading.
Figures 3-2 and 3-3 show the current format for driver licenses and ID cards.
Driver License Identification Card
(Figure 3-2) (Figure 3-3)
Different types of driver licenses are indicated by text printed next to the words “DRIVER LICENSE” and by color-coded font as follows:
Black – occupational license Green – Commercial license
Blue – Regular license
Red – Probationary license
Licenses and ID cards for those under the age of 21 are printed in a vertical format, rather than horizontal, as for older person. In addition, the words “Turns 21 on (date)” appear under the photo in white lettering on a red background. For juveniles, the words “Turns 18 on (date)” also appears under the photo, printed with black letters on a yellow background. For both, the date of birth is printed in red. A special UV security feature protects the card from alterations. Figures 3-4 and 3-5 show examples of these cards.
December 200935
Example of Under 21 Driver’s license: Example of Under 18/21 ID Card:
(Figure 3-4) (Figure 3-5)
A two-dimensional bar code on the back of the license or ID card is coded with information from the front side of the card. This bar code also contains an inventory control registration number tying a specific card to a specific customer, making it more difficult to produce fraudulent licenses.
Classes, endorsements and restrictions are also printed on the back of every card.
Prior to late 2005, licenses and ID cards used a different format. Figure 3-6 shows an example of an under-21 driver license using the earlier format.
(Figure 3-6)
DRIVER RECORDS
Law enforcement officers can request certified driver records through the Department of Justice’s (DOJ) Wisconsin’s Law Enforcement members’ resource site at http://www.wilenet.org/. All Wisconsin law enforcement officers can access WILENET. The site is secure and password protected. The Web site provides information on getting a password.
If you already have a password:
Logon; Select “Features” from the menu at the top;
Select “Department of Transportation;” then
Choose “Certified Driver Record Request.”
Law enforcement officers can also request certified copies of vehicle records by sending an e-mail to [email protected] Include the following information in your request:
Name of the defendant. Address (defendant).
Owner name (if other than the defendant).
Address (owner).
Date of violation.
Alleged violation of criminal charge.
Vehicle make/year.
Vehicle identification number.
Court date.
Any special instructions.
Your agency name, contact person, mailing address and phone number.
ALTERED/FALSE IDENTIFICATION AND INVALID LICENSES
21 Wisconsin Department of Transportation. Drivers and Vehicles: Certified Vehicle Records. ¶ 1. n.d.
December 200937
Licenses are generally issued by the motor vehicle administrators of the various states and provinces. As well as serving as a national identifier of persons, the driver’s license system is used for the rapid identification of persons who are driving motor vehicles. When first issued, driver’s licenses were intended to verify that the holder complied with the regulations associated with vehicle operation. Photographs were later added to aid in positive identification and to reduce fraud. Strategies to prevent counterfeiting include the use of thumbprints
and holograms. Many licenses even contain magnetic strips and bar codes to allow electronic recording of driver license information if a citation is issued in the field.22
A driver’s license typically contains a variety of information, including the driver’s date of birth, his/her social security number as a primary or secondary identifier, his/her blood-type, an indication if the driver is an organ donor, and certain physical characteristics such as height, weight, hair and eye color. Over a period of time, the driver’s license has assumed the role of a positive identifier. This acceptance is based upon the belief that an effective screening process is employed to verify that the license data is valid.23 Since the driver’s license is considered a main source of identification used for everything from verifying age to identifying a specific person when writing a check or being stopped for a traffic violation, some people create false driver’s licenses to side-step the law.
Many identification fraud experts feel that the problem of false and fraudulent identification is far worse now that it has ever been. The technology to create false and fraudulent identification is widely available and technologically savvy people have mastered the use of it. You should have a basic understanding of false and fraudulent identification and know some of the tools necessary to recognize these forms of identification.
How to Recognize False Identification
People can obtain a fake ID in several ways. One is simply to borrow a legitimate ID belonging to another person or family member who looks similar to the borrower. A second way is to alter an existing ID to change its information. With high quality scanners, computers, printers and copiers, excellent forgeries are possible and common. The internet also provides many websites that offer false IDs.
22 Highway Safety Committee, International Association of Chiefs of Police. Highway Safety Desk Book. Page 9-4. September 2004.23 Highway Safety Committee, International Association of Chiefs of Police. Highway Safety Desk Book. Page 9-1. September 2004.
Even with all the technology that enables people to make false driver licenses, there are still clues to alert officers. For example, a fake driver’s license may be of a different thickness, size or color from a legitimate one. Letters and numbers may be a different typeface. The front of the card may look authentic, but the back may be blurry or dark because not as much time is spent on reproducing the back of the card.
Altered IDs may show signs of tampering in several places, such as the numbers, photograph and laminate. The birth date, driver’s license number, height, and weight may be scratched out, blurred or inked over. A photograph may have been inserted over the original, which may partially cover the state seal. Changes in the laminate may indicate tampering. If the glue lines or edges appear rough, especially near the photograph, it may indicate the laminate was pried apart and then resealed.
Persons under 21 will often borrow identification from those who can legally drink in order to obtain alcohol. Although appearances may change, even subtle differences between the individual providing the ID and the photograph or physical description on the card should be questioned. Also included in this category are duplicate or expired cards. An expired driver license or one marked ‘DUPL’ may not belong to the person presenting it.
The list below shows other things both law enforcement officers and retailers who sell alcohol and/or tobacco should look for:
Picture does not resemble the bearer. Bearer cannot quickly state birth date or address. Bearer’s signature does not match signature on identification. Driver’s license does not match a legitimate sample (compare to the one
in your own wallet). Lamination seems too thick or has cuts or overlays. Lamination has air bubbles, peeled back corner or faulty re-sealing. Quality of print is poor or indistinct. Holograms or ghost images do not appear to be high quality. Magnetic strip is covered by plastic laminate. State seal or camera number is partially covered by photo or has been
altered. Lettering does not match or appears altered. ID is expired. Check for numbers that have been scratched, bleached out and inked
over, or cut out and reinserted.
More information regarding fraudulent licenses is available in § 943 of the Wisconsin Statutes.
December 200939
How to Detect Suspended and Revoked Driver Licenses
Both a suspension and a revocation prohibit the individual from exercising the privilege to drive in Wisconsin. The real differences between the two are the penalties if convicted of driving while suspended or revoked and the requirements for reinstatement. Driving while suspended is a civil charge, and the penalty does not include jail time. A first offense of driving after revocation
can be either a civil or criminal offense, depending on why the operating privilege was originally revoked. Second and subsequent charges of driving after revocation are criminal charges. Penalties for convictions of criminal charges can include jail time.24
When an officer stops a driver with a suspended or revoked license, the driver should be charged with that separate offense, in addition to the violation they were stopped for. If the driver presents this license to the officer, it should be confiscated and returned to the licensing authority.
Following are some of the specific offenses involving invalid licenses or other disqualifications:
Operating while suspended. (§343.44(1)(a)) No person whose operating privilege has been duly suspended under the laws of this state may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension.
Operating while revoked. (§343.44(1)(b)) No person whose operating privilege has been duly revoked under the laws of this state may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation.
Operating while out-of-service. (§343.44(1)(c)) No person may operate a commercial motor vehicle while the person or the commercial motor vehicle is ordered out-of-service under state or federal law.
Operating while disqualified. (§343.44(1)(d)) No person may operate a commercial motor vehicle while disqualified under §343.315 or 49CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to 49CFR 383.51, or under a determination by the federal motor carrier safety
24 Wisconsin Department of Transportation. Drivers and Vehicles: Reinstate a revoked or suspended driver license. ¶ 2 and 3. n.d.
administration under the federal rules of practice for motor carrier safety contained in 49CFR 386 that the person is no longer qualified to operate a vehicle under 49CFR 391.
The Driver License Withdrawals booklet contains detailed information for all the reasons operating privileges can be revoked, suspended or disqualified. The booklet includes the following information about withdrawals:
Reasons for withdrawal. Statutory references. Length of withdrawals. Eligibility for occupational licenses.
The booklet is available from the Department of Transportation at: http://www.dot.wisconsin.gov/drivers/drivers/enforce/withdrawals.htm.
December 200941
TRAFFIC CITATIONS AND ARRESTS
Officers have some discretion when enforcing traffic laws. Once you have made the decision to stop someone for a traffic violation, you may issue a written warning, issue a written citation, or in some cases, arrest the driver or a passenger in a vehicle. You will receive further training and information from your FTO during the first few weeks of training at your department.
The least serious action you can take is to issue a written warning. Department policy usually dictates when an officer can issue a written warning rather than a written citation during a traffic stop. Many departments have a specific form for written warnings. You should become familiar with your department’s policy and procedures for issuing warnings.
The next level of action, which is also the most common, is to issue a written citation. A traffic citation requires the driver to take some action within the judicial system, such as to plead no contest to the violation and pay a fine or report to a court to plead not guilty and “fight” the citation.
A person may also be physically arrested for certain traffic violations, such as driving under the influence of alcohol. Traffic stops may also result in arrests for non-traffic-related crimes. For example, you may find (or have reasonable grounds to believe) that the driver or passenger has an outstanding arrest warrant in Wisconsin or another state. Or you may have reasonable grounds to believe that the person is committing or has committed a crime.
A person stopped on a traffic violation where only a citation is issued generally may not be searched. However, if you have probable cause to make a physical arrest for a criminal violation, the person may be—and should be—thoroughly searched before being placed in a squad car.25
This chapter addresses the procedures for making traffic arrests and issuing citations. The process for making a vehicle stop is covered in Vehicle Contact training. Vehicle Contact training will explain how to stop a vehicle, how to safely approach the vehicle and/or remove occupants from a vehicle that has been stopped. This section only focuses on the procedures for processing the arrested person and completing the uniform traffic citation.
25 Wisconsin Department of Justice. Wisconsin Law Enforcement Officers Criminal Law Handbook. Page 15. July 2003
WHAT TO DO WITH THE DRIVER
How you proceed after making a traffic arrest depends in part on the nature of the violation.
Ordinary Traffic Violation
If a person is arrested without a warrant for the violation of a traffic law or a traffic regulation, §345.23 of the Statutes dictates the arresting officer’s options after issuing a citation. You may simply release the person, providing that the citation specifies a return date (a “court date”) no more than 90 days after the issuance of the citation. You must release the person if he or she
Makes a deposit under §345.26; or Deposits his or her valid Wisconsin operator’s license with the officer; or Presents a guaranteed arrest bond certificate under §345.61.
If you do not immediately release the person, the law requires you to “bring him or her without unreasonable delay before a judge or, for ordinance violations, before a municipal judge in the county in which the violation was alleged to have been committed.”
In most cases, drivers cited for traffic violations such as speeding, arterial stop violations (running a stop sign), making an illegal U-turn and the like are simply released at the scene or after making a deposit.
Driving Under the Influence
The situation is different for a person arrested for driving under the influence. If you arrest someone for violating §346.63 (operating under the influence of an intoxicant or other drug) or for violating §940.09 or §940.25 (homicide or injury by intoxicated use of a vehicle), you may not release the person until 12 hours have elapsed from the time of his or her arrest (unless a chemical test administered under §343.305 shows that the person has an alcohol concentration of less than 0.04). You may, however, release the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after the arrest.
Most agencies have specific procedures to follow when releasing a suspected drunk driver to a responsible party. You should become familiar with your department’s policy and procedures.
If the person was operating a commercial vehicle and was issued an out-of-service order under §343.305(7)(b), you can release the person as outlined above, but you must retain the person’s driver license until the out-of-service period has expired.
December 200943
Instructions for completing the Wisconsin Uniform Traffic Citation Form (MV4016) are found in the Wisconsin Law Enforcement Officer’s Manual. Citations can be issued in three formats: a paper ticket (MV4016), mobile data computer (MDC) electronic citation (MV4017), and electronically transmitted citations. The Wisconsin Law Enforcement Officer’s Manual provides more detail on filling out these citations. For more information on issuing citations, consult the Wisconsin Statutes, particularly Chapter 345.
The Department of Motor Vehicles maintains a database of motorists, including a list of their convicted traffic violations. When you ticket a motorist, the motorist can either mail in the payment and citation to the local court without having to appear, or can go in person to court for the town or city in which the violation took place and enter a plea of guilty, not guilty, or no contest regarding the incident. If the motorist pleads not guilty, a trial date is set and both the motorist (or his or her attorney), and the ticketing officer (or a representative) are required to attend.26
Upon conviction, the motorist is usually fined a dollar amount, and for moving violations, is additionally given “points” or demerits under the Wisconsin point system. In cases where the motorist is licensed (or the vehicle is registered) in a different state, individual agreements between Wisconsin and that state govern whether and how a Wisconsin conviction affects the motorist’s driving record in his or her home state. If no agreement exists, then the conviction is local to Wisconsin.
When you issue a citation, you should thoroughly explain the driver’s rights and obligations as a result of the citation. Explain whether the conditions of a citation can be satisfied by entering a plea to the offense and paying a fine by mail or other means, or whether the driver is required to appear in court. Your department may have additional procedures officers you should follow. For example, some departments require officers to give cited drivers a business card or information on how to file compliments or complaints with the department.
FILLING OUT A TRAFFIC CITATION
To properly fill out a uniform traffic citation (MV4016), you will need to have and understand the following resources:
The driver’s license. The Wisconsin Motor Vehicle Law Handbook. The Revised Uniform State Traffic Deposit Schedule.
26 IACP Highway Safety Committee and the National Highway Traffic Safety Administration (NHTSA). Manual of Police Traffic Services Policies and Procedures. Policy 1.3, Page 1. July 2004.
The Wisconsin Law Enforcement Officer’s Manual – Instructions for completing the Wisconsin Uniform Traffic Citation Form (MV4016).
A Uniform Traffic Citation for each violation.
A previous section discussed the key components of drivers’ licenses and identification cards. The Wisconsin Motor Vehicle Law Handbook includes all the motor vehicle statutes, which will help you determine which exact statute the driver violated. The Revised Uniform State Traffic Deposit schedule allows you to determine the correct amount of forfeiture and points assessed for each violation. Trans Code 101 also discusses the demerit point system and graduated driver license restriction extensions. Finally, the Wisconsin Law Enforcement Officer’s Manual gives instructions on how to fill out the paper copy of the Uniform Traffic Citation (MV4016).
Revised Uniform State Traffic Deposit Schedule
The Revised Uniform State Traffic Deposit Schedule is a condensed guide to help officers quickly identify the statute, amount of forfeiture and demerit points for common violations. This information is needed to fill out a uniform traffic citation. The Schedule is intended to be used as a guide–it is not a complete list of statute numbers, charge codes and demerit points. That’s why it’s a good idea to keep a copy of the Wisconsin Motor Vehicle Law Handbook handy. An example of a table in the Revised Uniform State Traffic Deposit Schedule is shown in Figure 4-1.
Note that if you work for a municipality that has adopted the state motor vehicle laws as ordinances, you may have a different reference guide (commonly called a “bail schedule”) to use. It will list the municipal ordinance numbers as well as the state statute numbers and may list different deposit amounts.
December 200945
(Figure 4-1)
The Department of Transportation has established a demerit point system to identify habitually reckless or negligent operators or those who repeatedly violate traffic laws. When a driver is convicted of a moving violation, demerit points are assessed against the driver’s license, beginning on the date of the violation. (Persons who hold a probationary license are assessed double points for the second and all subsequent moving violations.) The courts send records of all convictions for moving traffic violations to the Wisconsin Department of Motor Vehicles (part of the Department of Transportation), which maintains the database.
When a driver accumulates 12 or more demerit points in one year, the law requires that person’s driving privilege to be suspended for a minimum of two months. Most convictions remain on the driver records for five years from the date of conviction. However, alcohol-related and some commercial violations remain on the record for ten years to life.27
Trans Code 101 is the Wisconsin Administrative Code that covers point values for traffic violations, revocations and suspension. Trans 101 lists a scale of violations according to the number of demerit points assessed, with higher point values being assessed for more severe offenses. Demerit point values can also be found in the Uniform State Traffic Deposit Schedule and/or at http://www.dot.wisconsin.gov/drivers/drivers/points/point.htm
Wisconsin Law Enforcement Officer’s Manual27 Wisconsin Department of Transportation. Wisconsin’s point system. ¶ 1 – 2. n.d.
The Wisconsin Law Enforcement Officer’s Manual lists the instructions for filling out the Uniform Traffic Citation Form (MV4016) and for completing the police record (law enforcement copy). This manual also has information on the citation books, abbreviations of the 50 states, vehicle plate types and vehicle gross weight and a CMV and CDL guide.
Uniform Traffic Citation A citation is a directive issued by a law enforcement officer requiring a person to appear in court to answer a charge. You may issue traffic citations (rather than making a physical arrest) to motorists who disobey traffic laws, including traffic misdemeanors. Traffic citations generally fall into two categories: those for moving violations such as speeding and those for non-moving violations such as illegal parking. Moving violations are charged against the operator, while parking violations are charged against the vehicle.
Each citation should include certain information:
Name, current address and birth date of the alleged violator.
The operator’s license number, if known.
The license number of the vehicle.
The time and place of the offense.
The alleged offense and section of the statute or ordinance violated.
The amount of deposit or bail for the offense.
An explanation of the offense that can be readily understood by a person making a reasonable effort to do so and any other information pertinent to the offense.
Other information as designated by the Wisconsin Law Enforcement Officer’s Manual.
You must give (or in some cases, mail) a copy of the citation to the person cited and then file the original copy with the clerk of courts. The cited driver may sign the original to indicate that he or she received the citation.
Figure 4-2 shows an example of a Uniform Traffic Citation.
December 200947
(Figure 4-2)
Drivers With Non-Wisconsin Driver Licenses
While most of the citations you write will be to in-state drivers, you also need to know how to handle violators from outside Wisconsin.
The most common out-of-state driver is one with a driver’s license from another state. You fill out the citation as usual, except of course, you must identify the correct state for the driver’s address and license. The DMV will then notify the driver’s home state of the offense so that state can take appropriate action. A Wisconsin driver record is created for major offenses and license withdrawals are entered the same as for a Wisconsin driver. If the driver’s home state does not have a reciprocal agreement with Wisconsin, a driver with several Wisconsin violations could be legal to drive in his or her home state, but not be able to drive legally in Wisconsin.
Occasionally, you may stop a motorist from a foreign country for a traffic violation. As a reminder, you cannot stop vehicles solely on the basis of racial or ethnic profiling simply to questions the passengers about immigration or citizenship status. Further, when you make a lawful stop, you may not ordinarily detain the vehicle’s passengers beyond the period required for disposition of the matter that justified the initial stop.
The United States Supreme Court has held that reasonable suspicion of an Immigration and Nationality Act violation is not needed in order to ask any
lawfully detained individual about his or her immigration status. Muehler v. Mena, 544 U.S. 93 (2005). Thus, there is no 4th Amendment violation if an officer asks the driver of a vehicle that was lawfully stopped about immigration status.
Officers are not obligated by State or Federal law to question individuals about their immigration status. While an officer may ask an individual about his or her immigration status during a stop, the individual does not have to respond. Officers have the authority to determine the identity of a driver of the vehicle, including the right to ask for identification necessary to run an NCIC record check. Officers can run an NCIC record check when individuals are lawfully stopped.
While officers may not compel passengers to identify themselves in most circumstances, officers may ask passengers to provide information that permits them to conduct an NCIC record check. However, the officer has no recourse if the passenger refuses to provide identifying information. Officers should not request immigration documents, but they may consider immigration documents drivers and passengers provide them for purposes of conducting an NCIC record check.
Motorists from any of the countries who are party to the United Nations Convention on Road Traffic and the Convention on the Regulation on Inter-American Motor Vehicle Traffic who visit the United States as tourists can drive legally using their valid domestic driver’s license for a period not to exceed one year from the date of arrival. They may drive either a personal or rental car.
Tourists from other countries who are party to the Geneva Convention and the Regulation of Inter-American Motor Vehicle Traffic can legally drive their own private cars (bearing valid license plates/registration tags issued in their native country) for a period not to exceed on year from their date of arrival.
Foreign tourists whose country is not party to the terms of either convention may be required to obtain a driver’s license and secure license plates/registration tags upon arrival in the United States.
Foreign students attending school in the U.S. who are at least 16 years old and whose driving privilege in Wisconsin is not suspended, revoked, cancelled or disqualified, can drive with a valid license from their home country for up to one year. After that, they must meet the same licensing requirements as a Wisconsin resident.
International Driver’s Licenses
A myth among drivers is that there is a license called an “International Driver’s License.” The correct term for the document is an “International Driver’s Permit,” and the verbiage is important because an “IDP” is not a license at all, it is merely a document which translates a person’s official issued driver’s license into eleven
December 200949
(11) foreign languages to assist law enforcement officers when dealing with drivers from other countries.
Since law enforcement personnel from most countries are familiar with International Passports, the decision was made to have the IDP look like a passport. The IDP has a place for the “officially-issued driver’s license and the IDP would “break down” the original driver’s license into 11 different languages
and would NOT be valid unless the “officially-issued license is valid. In other words, if the driver’s official license is expired, suspended or revoked, than the IDP is too. Additionally, the IDP is NOT valid in the driver’s country of residence. The driver must have the officially-issued driver’s license in his or her possession (if it was not placed inside the IDP) when driving on foreign soil under the authority of the International Driver’s Permit.
More information on foreign licenses and which countries fall into these categories can be found at http://www.dot.wisconsin.gov/drivers/drivers/apply/foreign.htm.
Note Taking and Report Writing
You should make careful notes about all citations you issue, because you will need to refer to them if you have to testify in court. You can keep your notes on the “officer copy” of the citation or in a separate notebook, but be sure to file them in such a way that you can easily retrieve them when needed. Some agencies may require officers to turn in an official written report with each citation issued. If you file a report, you need not retain your field notes, unless your agency requires it. Be sure to know your department’s policies and procedures.
Citation copies and notes or reports relating to the event should be retained until after all appeals to the case have been exhausted by the defendant. Remember that civil actions may be filed many years after the initial offense and that notes or reports written for criminal trial may be subpoenaed to civil court.
Wisconsin Department of Transportation TraCS.
The Wisconsin Department of Transportation is implementing an automated reporting system called TraCS which stands for Traffic and Criminal Software. TraCS will automate law enforcement incident data collection to improve the accuracy, timeliness and ease with which data is collected and made available for analysis. This software is available to run on laptops or desktops. TraCS includes forms for crash reports, warning citations, Uniform Traffic Citations, incident reports, commercial motor vehicle inspections and operation while
intoxicated reports. While this technology is currently available, only a handful of police agencies use this process to issue citations. However, as technology improves, you can expect this system to become more widespread.28
Example of Badger TraCS form.
28 Wisconsin Department of Transportation, Badger TraCS – Department of Transportation. ¶ 2
December 200951
DIRECTING AND CONTROLLING TRAFFIC
Directing and controlling traffic is a task you will often have to undertake. The goal of traffic direction and control is to keep traffic moving smoothly without unnecessary delay, in spite of complicating situations. Some of the more common situations that complicate traffic flow include traffic collisions, roadway construction, and traffic signal malfunctions. Even non-traffic related situations such as floods or fires may require traffic direction. Although directing traffic is a frequent task, it is also a dangerous one. Motorists may be distracted by whatever event has made traffic direction necessary (such as a crash scene) or they may be confused about what to do and where to drive. More than one officer has been struck and killed while directing traffic.
When you direct traffic, always maintain a professional attitude and demeanor. Anything less is likely to create more confusion than already exists and further complicate traffic flow. Use your whole hand to direct traffic. Using your hand rather than pointing with just your index finger makes it easier for motorists to see your hand signals and appears friendlier and more courteous.
PREPARING TO DIRECT TRAFFIC
Before you begin actually giving hand signals to motorists, you need to take a few moments to prepare. Preparation involves four steps:
1. Recognizing when traffic control is needed.2. Choosing a route for redirected traffic.3. Ensuring you have the proper equipment.4. Choosing a location to operate from.
When Is Traffic Control Needed?
Manually directing traffic when it is not needed can needlessly confuse and slow traffic—quite the opposite of the intended effect. On the other hand, when it’s appropriate, good traffic direction can dramatically improve traffic flow and public safety.
Some of the situations that may require traffic control by officers include these:
Public safety emergencies such as accidents and crashes, fires, police emergencies, or any event requiring the rerouting of the normal traffic flow.
Intersections having predictably high-volume flow at certain times.
Road construction and maintenance activities that interrupt normal traffic flow.
Any situation where conditions or events congest traffic and public safety concerns require officer control.
Security for dignitaries or other designated persons, or special events that require special control.
Remember, your goal is to improve traffic flow and increase public safety. If any situation results in traffic congestion or unusual hazards, consider whether manual traffic control would help.
Where Should Traffic Go?
Often when you direct traffic, you need to reroute it around a particular problem, such as fire or traffic crash. Think about where you can send traffic that will not create a second traffic problem at another location. For example, sending traffic from a four-lane highway onto narrow residential streets to avoid a collision scene is likely to cause more of a back-up and safety problem than the original crash. Your goal should be to find a route around the site that can accommodate the traffic volume and can easily lead back to the original direction the traffic was flowing. Finding a suitable may mean that you need to begin diverting traffic well before the actual problem—for example, at a major intersection a few blocks away—in order to avoid compounding the problem.
Become familiar with the geography and traffic patterns in the area you patrol, and even pre-plan where you could redirect traffic if necessary. Then, when an emergency or other problem happens, you will already know what to do.
Have the Proper Equipment
As noted, directing and controlling traffic is a dangerous job. Just as you would not go out on patrol without your weapon, ballistic vest, and radio, you should not consider directing traffic without the proper protective equipment. First and foremost, your goal is to keep yourself safe, and the best way to do that is to ensure that drivers can see you. Always wear your reflective traffic vest or other highly visible outer garment (e.g. orange raincoat with reflective striping) when directing traffic.
Other equipment that will help drivers to understand your signals include white or highly visible gloves during the day and a flashlight with a traffic wand at night. A whistle is useful to get drivers’ attention and give signals for traffic to move or stop.
Worker Visibility Regulation
December 200953
Background
On April 24, 2006 the Federal Highway Administration (FHWA) proposed a policy for the use of high visibility safety apparel for workers who are working within the Federal-aid highway rights-of-way. Based on this proposal, the Secretary of Transportation issued regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers whose duties place them on or in close proximity to a Federal-aid highway to wear high-visibility safety apparel.
The Regulation
In the Federal Register Rules and Regulations dated November 24, 2006:
23 CFR, Part §634.3 states:
“All workers within the right-of-way of a Federal-aid highway who are exposed to either traffic (vehicles using highway for purposes of travel) or to construction equipment within the work area shall wear high-visibility safety apparel.”
23 CFR, Part §634.2 defines a Worker as:
“People on foot whose duties place them within the right-of-way of a Federal-aid highway, such as highway construction and maintenance forces, survey crews, utility crews, responders to incidents within the highway right-of-way, and law enforcement personnel when directing traffic, investigating crashes, and handling lane closures, obstructed roadways, and disasters within the right-of-way of a Federal-aid highway.”
23 CFR, Part 634.2 defines High-visibility safety apparel as:
“Personal protective safety clothing that is intended to provide conspicuity during both daytime and nighttime usage, and that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2004 publication entitled ‘American National Standard for High-Visibility Safety Apparel and Headwear.’”
23 CFR, Part §634.4 states:
“States and other agencies shall comply with the provision of this Part no later than November 24, 2008.”
Highway Safety Vests: ANSI 107 Standards
ANSI/ISEA 107-2004 specifies three classes of garments based on work environment:
Class I Vest
Shortcoming of a Class I vest: No Side Coverage (picture at right)
Class I These garments are intended for workers who have ample separation from vehicular traffic that does not exceed 25 mph. Class I garments are often safety vests that are recommended for parking service attendants, workers in warehouses with equipment traffic, shopping cart retrievers, sidewalk maintenance workers and delivery vehicle drivers.
Class II Vest
ANSI 107 (two on the left) high-visibility green body with red trim or high-visibility red/orange body with green trim. ANSI 207 (on the right) is a shorter length to allow access to items on belt.
Class II Class II garments are for users who need greater visibility in poor weather conditions and whose activities occur near roadways where traffic speeds exceed 25 mph. This class of garment is suitable for railway workers, school crossing guards, parking and toll gate personnel, airport ground crews and law
December 200955
enforcement personnel directing traffic. Carolina Safety Sport manufactures a full range of vests that conform to Class II requirements.
Class III Vest
A Class III garment has sleeves and/or can be paired with matching pants.
Class III Class III garments provide the highest level of visibility to workers in high-risk environments that involve high task loads, a wide range of weather conditions and traffic exceeding 50 mph. Class III garments, provide coverage to the arms and/or legs as well as the torso, and can include pants, jackets, coveralls or rain wear. The standard recommends these garments for all roadway construction personnel and vehicle operators, utility workers, survey crews, emergency responders, railway workers and accident site investigators.
In many traffic control situations, you may be out there for a significant period of time. Be sure that you are prepared for the weather. If it’s wet, wear your raincoat, hat, and waterproof boots or galoshes. You may not make a fashion statement, but you will be far more comfortable—and safer, because you are not distracted by soaking feet or rain dripping down the back of your neck. If it’s very cold or hot, try to have enough officers so that you can spell each other. In the most extreme conditions, you may only be able to be outside safely for a few minutes.
Additional equipment to help control traffic flow is discussed in the next section.
Where Should You Stand?
When you direct traffic, you generally need to be in the roadway, because that is where drivers are looking. On the other hand, being in the roadway puts you at risk of being struck by an oncoming vehicle. Choose your position based on the type of roadway and the volume of traffic. Keep in mind the need for visibility, the need to control all traffic, and the potential need to control pedestrians.
Generally, if you need to control traffic at an intersection, you have two choices of where to stand. You can be in the center of the intersection or at a corner. In most cases, the center of the intersection is the best choice because it makes you most visible and it also allows you the best view of traffic from all directions. On the other hand, it is also the most dangerous position. If you choose to direct traffic from the center of an intersection, you must be extremely alert and vigilant. The alternative is to direct traffic from a corner. Normally you would use this position when you need to control heavy pedestrian traffic. The corner position allows better pedestrian control and is safer for you, but it is less effective for controlling vehicular traffic.
Some traffic control situations require more than one officer. For example, when a collision or construction project requires one lane of a two-lane road to be blocked, you will need two officers, one on either side of the blockage, to coordinate when to shut down traffic from one direction and allow traffic from the other direction to use the open lane. Similarly, six-lane or divided roadway intersections require two or more officers working together to manage traffic flow safely.
DIRECTING TRAFFIC
Computerized directional signals have proven their effectiveness in maintaining smooth traffic flow, and as a result drivers are no longer accustomed to officers directing traffic. This may increase stress for motorists and officers alike, when manual traffic direction is needed. Being aware of general principles of traffic direction and using standard, consistent signals will make traffic direction safer and more effective.
General Principles
Remember that your goal is to make traffic flow as smooth and safe as possible. Some general principles for achieving this goal include these:
Give priority to the major route. Allow secondary road traffic to move during breaks in the major flow. If breaks do not occur, allow traffic to accumulate on secondary roads
before directing it to move. Make changes in flow direction only when the intersection is clear.
Continually observe traffic for conflicts such as backed-up traffic lanes, excessive changes in flow speed, and vehicles blocking intersections. Be sure to allow heavy vehicles sufficient “go time” to build up speed and sufficient “stop time” to slow down and stop.
December 200957
Generally, you can allow right turns whenever they do not interfere with traffic flow and do not create danger for pedestrians, but you must make sure opposite lanes are stopped before allowing left turns. If possible, allow left turns during natural breaks in the traffic flow.
Avoid excessive backups. If two lanes must merge, alternate the traffic flow. If congestion occurs in one lane, hold other lanes until it is cleared. Finally, if exit lanes fill up, prohibit further turning movements until the lanes are clear.29
Give special attention to traffic control positions at schools, hospitals, fire stations and special events. School children are impulsive. Pay constant attention to their actions and allow them to cross streets only when orderly. Require drivers to move slowly and cautiously. At hospitals and fire stations, expect sudden emergency vehicle movements. Quickly establish your presence to control traffic and prevent congestion and crashes. At special events be prepared to field questions and provide information about the event, since drivers may be unfamiliar with what’s expected of them. They will rely on you for guidance and information.
Specific Procedures
Specific guidelines for safely directing traffic include where to stand and how to signal drivers.
Where to Stand. When directing traffic from the center of an intersection position yourself so that you are facing stopped traffic, with the opposite lane of stopped traffic at your back. The moving lanes of traffic will be on either side. This position allows you to watch both moving lanes of traffic and to signal the moving lanes with both arms.
How to direct traffic. Give only the necessary signals and give only one signal at a time. Look at the vehicle you intend to signal, but remain aware of traffic approaching from all directions. Point (with your hand) to pedestrians or vehicles you intend to direct. Move your hands and arms distinctly and deliberately, moving in slow, wide, sweeping motions. If you give the signals too rapidly your arms will quickly tire and you may confuse drivers who miss the signal. Repeat the signal several times to encourage sluggish traffic to move.
How to stop traffic. To stop traffic, you need two motions. First, extend your arm straight out and point your hand at the driver who is to stop. Make eye contact with the driver, and when you have his or her attention, raise your hand so that your palm is toward the driver. Hold this position until the driver stops. After the driver has stopped repeat the same movement with the other lane of traffic, using your other arm. Keep both arms in the stop position until all movement has
29 U.S. Army Military Police Corps. FM 10-25 Military Police Traffic Operations. U.S. Army. Chapter 4, Pages 20 – 21. September 30, 1977.
stopped in both directions. Once traffic has stopped turn your body so that you have the newly stopped traffic front and rear, and the traffic you will be starting is on either side.
How to start traffic. To start traffic, you will again need two motions. First point your arm and hand directly at the driver you want to start. When eye contact is made, turn your palm up and raise your hand to a position slightly past the center of your face. Bend your arm only at the elbow. If the driver does not move immediately, repeat the signal. Once that lane of traffic has begun to move, signal the other lane in the same manner using your other arm. Continue to use this signal to instruct drivers to proceed.
How to direct a right turn. The signal for a right-hand turn depends on the direction from which the vehicle is approaching. If the vehicle is approaching from your right, point your right hand at the driver with arm extended. As the driver makes eye contact, swing your arm in the direction of the turn. If the driver approaches from the left follow the same procedure, but use your left arm. Again, swing your arm in the direction the driver wants to go.
How to direct a left turn. When directing a driver wishing to make a left turn, you may need to direct the vehicle to stop. Next, hold the opposing flow of traffic. If the turning vehicle is approaching from the left, the opposing traffic should be stopped with the right hand. With traffic stopped, signal the turning driver by extending the left arm and pointing with your hand. Be sure to signal the driver by indicating a path in front of you and not around you. If the driver attempts to swing around you step backward and repeat the signal directing the vehicle to go in front of you. If the vehicle is approaching from the right, follow the same procedure, but turn 180° so that you can halt opposing traffic with your right hand, and use your left arm to indicate the turning path in froth of you.
How to stop prohibited turns. If a driver attempts to make a turn in a direction that is not permitted, make eye contact with the drive and shake your head “No.” Use a whistle if necessary to get the driver’s attention. Signal the driver to make the appropriate legal turn.
Safety Equipment and Traffic Control Tools
A number of tools can make traffic direction easier, safer, and more effective. These include whistles, illumination batons, flashlights, traffic flares, and traffic cones. Let’s look at how each of these is used.
Whistle. A whistle is an extremely useful tool when directing traffic. Any time you are directing traffic you should have your whistle available and use it to get
the attention of drivers and pedestrians. Whistle use is even mandated by § 346.40 of the Wisconsin Statutes. Here’s how to use a whistle for directing
December 200959
traffic:
One long blast with a STOP signal.
Two short blasts with the GO signal.
Several short blasts to get the attention of a driver or pedestrian who does not respond to a given signal.
A whistle and hand signals are much more effective than trying to use your voice to direct traffic. Drivers usually will not be able to hear oral commands well, and as a result may become confused. Use your whistle as needed, but never use it to indicate frustration or anger.
Occasionally a driver or pedestrian will not understand arm signals. When this happens, move reasonably close to the person and politely and briefly explain the command. In all instances, address such people as “Sir, Madam, or Miss/Ms.” Do not shout or exhibit a loss of temper. When drivers fail to follow your commands, it is usually because they are confused about what to do rather than because they are deliberately flouting your authority.
Illumination baton. The baton is useful for directing traffic at night or during bad weather when visibility is low. Here’s how to use it.
To STOP a vehicle using a baton, face the moving line of traffic, standing slightly aside from its direct path. Hold the baton in your right hand in front of you with your elbow bent. The baton should be swung or waved from the left to the right side of your body in an arc about 45 degrees.
The GO signal is given in the normal manner. Turn the body parallel to the line of traffic to be moved and give the normal GO arm movement.
To permit a left turn movement, after stopping opposing traffic, point the lighted end of the baton to the car which is to make the turn. Next, swing the baton in and arc toward the direction of the left turn movement. Repeat the signal as required to direct the vehicle in front of the officer.
Exaggerate your movements when using the baton. When you are not using it to signal, turn off the light in the baton if you can do so without jeopardizing your visibility.
Flashlight. A flashlight can be used to direct traffic in an emergency, but it is a poor substitute for a baton. To stop traffic, slowly swing the flashlight at arm’s length across the path of the approaching car. The beam of the flashlight should strike the pavement as an elongated spot of moving light which should be visible to the motorist. Never stand directly in front of the approaching car. After the
motorist has stopped, give arm signals in the usual manner. The vehicle’s headlights will illuminate your signals.
Traffic flares. Traffic flares can be used to help direct drivers around an obstacle, such as a traffic crash or to funnel traffic into a different lane. Always begin the diversion well ahead of the crash scene. How far in advance you need to place the first flare is dependent on the speed limit of the roadway. The faster the speed limit, the more distance you need to warn traffic. Place one flare approximately every 20 feet to provide a clear path for motorists to follow. Note that in bright daylight flares are difficult to see and therefore not very effective.
WARNING! Be careful when using flares. They burn at 1500°F and can damage uniforms and burn flesh severely. They will melt plastic lane dividers, if placed on or near them. Never use flares if you suspect flammable vapors or liquid or spilled hazardous materials are in the area. Do not use flares near dry grass or other combustibles that could ignite.
Traffic Cones. Traffic cones can also be used to direct traffic at crash scenes, special events and at other times to channel or block traffic. Cones can also be used at crash scenes, but unlighted cones should not be used alone during hours of darkness. A combination of flares and cones in an alternating pattern should be used instead.
Cones designed for emergency traffic control have reflective tape or material at the top of the cone and are taller than regular cones so drivers can more easily see them.
Traffic Control at Crash Scenes and Fires
The primary purpose for traffic control at crash scenes is to provide access and protection to traffic investigators and emergency services carrying out their respective tasks. The secondary purpose is to facilitate traffic flow even if it must be restricted. Be particularly alert to hazards such as leakage of gas and oil. Notify fire department personnel if these conditions exist.
Detour traffic away from the crash scene. In residential or business areas, detour traffic one or more blocks in each direction; as needed. Be careful not to allow any traffic to enter intersections without also providing a way out. If the crash occurs on a main highway or freeway, either detour traffic onto access roads or funnel traffic into a single lane past the crash scene.
If the crash involves hazardous materials, refer to the Emergency Response Guide to manage with the situation appropriately.
When directing traffic at fire scenes, your goal is to keep traffic from entering the fire area and permit vehicles already in the fire area to get out. Keep all vehicular and pedestrian traffic beyond the established fire line. Ensure motorists are
December 200961
directed away from emergency equipment to prevent damage to that equipment or interference with the fire department’s use the equipment, such as when a motorist drives over a fire hose.
Coordinate enforcement and traffic direction and activities with the fire department officials.
Coordinating Traffic Control with Other Officers
Sometimes two or more officers are needed to effectively control traffic at large or busy intersections. Continuous communication is imperative. One of the officers should be designated as the leader. The lead officer makes the control decisions, while the other officer assists by coordinating with and extending signals. Good communication is essential. If you are not in voice contact with the other officer, be sure you have radio contact.
SUMMARY
Law enforcement officers can reduce traffic crashes and minimize traffic-related problems by monitoring traffic and enforcing the rules of the road. Traffic surveillance and enforcing the rules of the road comprise a major component in patrol procedures. The objectives are to deter drivers from violating traffic laws and to encourage them to comply with traffic regulations in the future. Enforcing traffic laws saves lives.
Each vehicle stop also offers the potential for danger. With this in mind, always follow the officer safety guidelines presented in your Vehicle Contacts training. Remember, there is no such thing as a low-risk or routine traffic stop. Consistently follow good practices to help ensure your own safety and that of the people you serve.
Citizens carefully scrutinize traffic officers’ conduct when they issue a citation. If the violator is favorably impressed, there will usually be no comment. If the violator is irritated by the officer’s action or attitude, however, there may be public expression of disapproval. The success of a law enforcement agency’s efforts to ensure traffic safety and to relieve traffic congestion largely depends on public support. The public’s opinions, based on observations of officer’s activities and behavior, strongly influence the degree of support. Citizens see traffic officers as the main connecting link between the public and law enforcement. These are the officers people are most likely to encounter. Public opinion regarding law enforcement is based upon how the person behind the badge behaves. Make sure that your conduct when enforcing traffic laws reflects positively on yourself, your agency, and your profession.
December 200963
REFERENCESAdam, Thomas, F. (2004) Police Field Operations. 6th Edition. Pearson Prentice Hall. Upper Saddle River, New Jersey.
Highway Safety Committee and the International Association of Chiefs of Police. Highway Safety Desk Book. September 2004. Retrieved on April 5, 2006 from http://www.theiacp.org/div_sec_com/Committees/HighwaySafteyDeskTop.pdf
IACP Highway Safety Committee and the National Highway Traffic Safety Administration (NHTSA). July 2004. Manual of Police Traffic Services Policies and Procedures. Retrieved on March 28, 2006 from http://www.theiacp.org/div_sec_com/Committees/PoliceTrafficPoliciesProcedures.pdf
Koran, Greg. n.d. Radar vs. Lidar: Which will work best for you? Law Enforcement Magazine. Retrieved on March 28, 2006 from http://www.policeone.com/pc_print.asp?vid=120179
NHTSA The Highway Safety Desk Handbook http://www.theiacp.org/div_sec_com/Committees/HighwaySafteyDeskTop.pdf
NHTSA. (n.d.) Police: Traffic Services in the 21st Century. Retrieved on July 5, 2006 from http://www.nhtsa.dot.gov/people/outreach/safesobr/16qp/century.html
NOLO. (n.d.) Help with Legal Research: Statutes. Retrieved on May 16, 2006 from http://www.nolo.com/statutes/index.cfm/LR.index.html
North Carolina Department of Justice. The Basic Law Enforcement Training (BLET) Curriculum. North Carolina Justice Academy. January 1, 2006.
Pacific Institute for Research and Evaluation. December 2005. Law Enforcement Guide to False Identification. U.S. Department of Justice. Retrieved on April 3, 2006 fromhttp://www.udetc.org/documents/FalseIdentification.pdf
Wikipedia. n.d. Traffic Code. Retrieved from http://en.wikipedia.org/wiki/Traffic_code
Wisconsin Division of Motor Vehicles. Wisconsin Motor Vehicle Law. Department of Transportation. Retrieved on September 28, 2009 from http://www.dot.wisconsin.gov/drivers/lawbook.htm
Wisconsin Department of Justice. July 2003. Wisconsin Law Enforcement Officers Criminal Law Handbook. Wisconsin Department of Justice.
Wisconsin Department of Transportation. Drivers and Vehicles: Reinstate a revoked or suspended driver license. ¶ 2 and 3. n.d. Retrieved on April 14, 2006 from http://www.dot.wisconsin.gov/drives/revoke/reinstat.htm
Wisconsin Department of Transportation. Drivers and Vehicles: Certified Vehicle Records. ¶ 1. n.d. Retrieved on April 14, 2006 from http://www.dot.wisconsin.gov/drives/drivers/enforce/certified-vehicle.htm
Wisconsin Department of Transportation. Temporary License Plates. n.d. Retrieved on June 7, 2006 from http://www.dot.wisconsin.gov/drivers/vehicles/plates/nolaf.htm
Wisconsin Department of Transportation. 2008 Wisconsin Traffic Crash Facts: VI Speed Related Crashes. Retrieved on September 15, 2009 from http://www.dot.wisconsin.gov/drivers/drivers/traffic/crash/final.htm
United States Army, Military Police Corps. FM 10-25 Military Police Traffic Operations. United States Army. September 30, 1977.
U.S. Department of Justice, Federal Bureau of Investigation. 2008. Law Enforcement Officers Killed and Assaulted 2008. Retrieved September 15, 2009 from http://www.fbi.gov/ucr/killed/2008/feloniouslykilled.htm
December 200965
