FA486110RA200_NELLIS_MACC_Atch12 NAFB 31-204 Vehicle Traffic Supervision.pdf

BY ORDER OF THE

SECRETARY OF THE AIR FORCE

AIR FORCE INSTRUCTION 31-204

14 JULY 2000

Incorporating Change 1, 20 July 2007

NELLIS AFB

Supplement

1 AUGUST 2007

Security

AIR FORCE MOTOR VEHICLE

TRAFFIC SUPERVISION

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

ACCESSIBILITY: This publication is available digitally.

RELEASABILITY: Access to this publication is restricted to a dot mil site.

OPR: HQ AFSPA/SPO Certified by: AF/SF (Brig Gen R. A. Coleman) Supersedes AFI 31-204, 1August 1997. Pages: 68

(NELLIS)

OPR: 99 SFG/SFX Certified by: 99 SFG/CC (Col Curry) Supersedes AFI 31-204/NAFB Sup 1, 17 Apr 2003 Pages: 29

This instruction implements Air Force Policy Directive (AFPD) 31-2, Law Enforcement. It assigns responsibilities and establishes procedures for motor vehicle traffic supervision on Air Force installations in the continental United States (CONUS) and overseas (OCONUS) areas. This includes, but is not lim-ited to, granting, suspending, or revoking the privilege to operate a privately owned vehicle (POV); regis-tration of POVs; administration of vehicle registration and driver performance records; driver improvement programs; police traffic supervision; and off-installation traffic activities.

(NELLIS) AFI 31-204, 14 July 2000, is supplemented as follows. It establishes traffic rules, procedures and policy of Nellis Air Force Base (NAFB), Creech AFB, the Nevada Test and Training Range and other geographically separated units and locations under the jurisdiction of Nellis Air Force Base. This supple-ment applies to all organizations including tenants and military, civilian and contractor personnel on Nel-lis AFB and Creech AFB. This publication requires the collection and maintenance of information protected by the Privacy Act (PA) of 1974. The authority to collect and maintain the records prescribed in this instruction is 10 U.S.C. 8013 and E.O. 9837. Privacy Act Statement required by AFI 33-332, Air Force Privacy Act Program are in DD Form 1408, Armed Forces Traffic Ticket. Ensure that all records created as a result of processes prescribed in this publication are maintained in accordance with AFMAN 37-123 (to be replaced by AFMAN 33-363), and are disposed of in accordance with the Air Force Records Disposition Schedule (RDS) located at https://webrims.amc.af.mil. Send comments and recom-https://webrims.amc.af.mil

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mendations for changes to this addendum on AF IMT 847, Recommendation for Change of Publication, through locally prescribed channels to, 99 SFG/SFX, 5503 Pease Dr, Suite 111, Nellis AFB NV 89191.

SUMMARY OF CHANGES

This interim change eliminates the requirement for privately owed vehicles to be registered with the Air Force or other DoD agency to be operated on an Air Force installation. The IC re-titles Chapter 3 from “Motor Vehicle Registration” to “Privately Owned Vehicle Operation Requirements.” A bar ( | ) indicates a revision from the previous edition.

Chapter 3, REPLACED. This chapter has been substantially revised and must be completely reviewed.

(NELLIS) This publication is substantially revised and must be completely reviewed. The following paragraphs were added to this instruction: 1.2.5.1. (Added),1.2.5.2. (Added), 1.2.10. (Added), 2.2.1.2.1.

(Added), 2.25.2.1.4, 2.5.2.5. (Added), 2.13.3. (Added), 3.1.1.1.1, 3.1.1.1.2, 3.1.1.2.1. (Added) –

3.2.2.4.1. (Added), 3.2.2.4.1.2. (Added) – 3.5.8, 4.6.2.1. (Added) – 4.6.2.2. (Added), 4.8.2.1. (Added) –

4.8.2.1.1.6. (Added), 4.9.3.1. (Added) – 4.9.3.5. (Added), 5.3.1. (Added) – 5.3.5. (Added), 5.4.4.6.

(Added) – 5.4.4.7. (Added), 6.3.3.1. (Added) – 6.3.5. (Added) The following paragraphs were deleted from this instruction: 3.1.1.1., 3.1.1.1.1., 3.2.2.1, 3.2.2.1.1. (Added), 3.2.2.1.3, 3.2.2.3. (Added), 3.2.2.6, 3.5.8, and 5.3.3. Paragraph 2.1.1.4. changed “Each motor vehicle registrant must have and maintain” to read “Each motor vehicle operated on base must have and maintain.” Paragraph 3.1.1. (Added) deleted “Installation registration privileges may be extended to members of the local community as deemed appropriate by the 99 ABW/CC. Request must be routed through the 99 SFG/SFAP and approved by the 99 ABW/CC. State registration and insurance requirements are applicable.” Paragraph 3.1.1.2. (Added) deleted “Retired members or their dependents that fail or refuse to register their vehicle(s) through the 99 SFG/SFAP will be required to obtain an AF Form 75, Visitor/Vehicle Pass, for each visit.” Paragraph

3.1.1.2.2. (Added) deleted “and do not require individual temporary registration” and “This list will act as temporary registration for the duration of the lease.” Paragraph 3.2.2.1.1. (Added) deleted “Unit com-manders or first sergeants will verify the number of vehicles registered on Nellis AFB and provide this information to 99 SFG/SFAR when the individual signs the official letter suspending/revocation of driv-ing privileges.” Paragraph 3.2.2.1.2. (Added) deleted “Before departing Nellis AFB, the military member must complete a new AF Form 533, Certificate of Vehicle Registration Compliance, indicating their dependents local address.” Attachment 2 added “EXCEPTION: Commanders, Deputy Commanders, Chief Master Sergeants and First Sergeants in performance of their duties.” To the cell phone policies, was deleted. “If the vehicle cannot be repaired in one day and must remain at the Auto Hobby Shop over-night, the owner will obtain an AF Form 75 for the vehicle” from Vehicle Maintenance paragraph 3, changed Rules of the Road paragraph 3 from “99 SFS or 99th Civil Engineer Squadron, Fire Protection (99 CES/CEF) personnel, or by on-scene commanders.” to “a posted individual”, paragraph 2 of the Motorcycles, Motor-Driven Cycle (MOPEDS) and ATVs Motorcycles, Motor-Driven Cycle (MOPEDS) Requirements changed “registration” to read “operating privileges”, deleted paragraph 2d “or other evi-dence of eligibility to register a motor vehicle on base”, paragraph 4, paragraph 9 and 11 deleted “or mopeds”.

Chapter 1— INTRODUCTION 6

1.1. Program Management

1.2. Responsibilities

AFI31-204_NELLISAFBSUP_I 1 AUGUST 2007 3

1.3. Delegation Of Authority

Chapter 2— DRIVING PRIVILEGES 8

2.1. Requirements for Driving Privileges

2.2. Stopping and Inspecting Personnel or Vehicles

2.3. Implied Consent to Blood, Breath, or Urine Tests

2.4. Implied Consent to Vehicle Impoundment

2.5. Suspension or Revocation of Driving Privileges

2.5. (NELLIS) The authority to suspend or revoke driving privileges on NAFB

2.6. Reciprocal Procedures

2.7. Administrative Due Process for Suspensions and Revocations

2.8. Alcohol and Drug Abuse Programs

2.9. Restoration of Driving Privileges on Acquittal

2.10. Restricted Driving Privileges or Probation

2.11. Extensions of Suspensions and Revocations

2.12. Reciprocal State-Military Action

2.13. (Added-NELLIS) Reinstatement and Restricted Driving Privileges

Chapter 3— PRIVATELY OWNED VEHICLE OPERATION REQUIREMENTS 16

3.1. General

3.2. Driver and Vehicle Requirements

3.3. Motorcycles, Motor Scooters, and Mopeds

3.4. Rental Vehicles

3.5. AF Form 75, Visitor/Vehicle Pass

3.6. Handicapped Person Identification

3.6. (NELLIS) The 99 SFG/SFAP will post in conspicuous places and ensure personnel upon reading and understanding the installation’s vehicle impoundment policy

Chapter 4— TRAFFIC PLANNING AND CODES 19

4.1. Traffic Planning

4.2. Installation Traffic Codes

4.2. (NELLIS) The installation traffic codes for operation of motor vehicles

4.3. Traffic Law Enforcement Principles

4.4. Speed-measuring Devices

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4.5. Traffic Accident Investigation

4.6. Traffic Accident Investigation Reports

4.6. (NELLIS) Traffic Accident Investigation Reports

4.7. Use of Traffic Accident Investigation Report Data

4.7. (NELLIS) Off base Security Forces response to POV accidents will be direction by 99 SFS/SFO or On-duty Flight Chief

4.8. Parking

4.8. (NELLIS) Parking:

4.9. Traffic Violation Reports

4.10. Standards and Procedures for Processing Intoxicated Drivers

4.11. Blood Alcohol Concentration Standards

4.12. Chemical Testing Policies and Procedures

4.13. Detection, Apprehension, and Testing of Intoxicated Drivers

4.14. Voluntary Breath and Bodily Fluid Testing Based on Implied Consent

4.15. Involuntary Extraction of Bodily Fluids in Traffic Cases

4.16. Testing at the Request of the Apprehended Person

4.17. Off-installation Traffic Activities

4.18. Compliance With Local and State Laws

4.19. Civil-Military Cooperative Programs

Chapter 5— DRIVING RECORDS AND THE TRAFFIC POINT SYSTEM 36

5.1. Driving Records

Table 5.1. Suspension/Revocation of Driving Privileges (See Notes 1 and 2)

5.2. The Traffic Point System

5.3. Point System Application

5.3. (NELLIS) Generally, point assessments are not assessed for non-moving violations; 38

Table 5.2. Point Assessment for Moving Violations (See Note 1)

5.4. Point System Procedures

5.5. Disposition of Driving Records

Chapter 6— IMPOUNDING PRIVATELY OWNED VEHICLES 43

6.1. General

6.2. Standards for Impoundment

6.3. Towing and Storage

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6.4. Procedures for Impoundment

6.5. Search Incident to Impoundment Based On Criminal Activity

6.6. Disposition Of Vehicles After Impoundment

6.7. Forms Prescribed

Attachment 1— GLOSSARY OF REFERENCES, ABBREVIATIONS, AND ACRONYMS 47

Attachment 1—(NELLIS) GLOSSARY OF REFERENCES AND SUPPORTING

INFORMATION 49

Attachment 2— IC 2000-1, TO AFI 31-204, AIR FORCE MOTOR VEHICLE TRAFFIC

SUPERVISION 51

Attachment 2—(NELLIS) NELLIS AFB TRAFFIC CODES (ADDED) 52

Attachment 3—(Added-NELLIS) NELLIS AFB PARKING RULES (ADDED) 67

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Chapter 1

INTRODUCTION

1.1. Program Management. This instruction implements policy, assigns responsibility, and establishes procedures for motor vehicle traffic supervision on Air Force installations located in the continental United States (CONUS) and overseas (OCONUS) areas.

1.1.1. This includes, but is not limited to:

1.1.1.1. Granting, suspending, or revoking the privilege to operate a POV.

1.1.1.2. Registration of POVs.

1.1.1.3. Administration of vehicle registration and driver performance records.

1.1.1.4. Driver improvement programs.

1.1.1.5. Police traffic supervision.

1.1.1.6. Off-installation traffic activities.

1.1.2. Commanders can modify these policies and procedures in the following instances:

1.1.2.1. When dictated by host nation relationships, treaties, and agreements.

1.1.2.2. When traffic operations under military supervision necessitate special measures to meet mission unique requirements or to protect public safety.

1.1.3. Safe and efficient movement of personnel and vehicles is the objective of every traffic control program. Program goals should focus on ways to reduce traffic-related deaths, injuries, and property damage.

1.2. Responsibilities.

1.2.1. Air Force Chief of Security Police (HQ USAF/SP). Establishes policy to assist installation commanders in the administration of local traffic supervision and enforcement programs.

1.2.2. Air Force Security Police Agency (HQ AFSPA). Provides guidance to MAJCOMs and field units on implementing traffic safety and supervision programs.

1.2.3. Major Command Chief of Security Police (MAJCOM/SP). Each MAJCOM/SP manages com-mand unique traffic supervision and enforcement programs. They provide key staff support to instal-lation commanders and their assigned security police units.

1.2.4. Installation Commander. Establishes and manages the local installation traffic supervision program. They have broad authority to regulate the movement of traffic and personnel on their instal-lations. Each must develop local procedures to ensure safe pedestrian and vehicle traffic. To meet goals and objectives, installation commanders integrate safety, engineering, legal, and law enforce-ment resources into their traffic review and planning processes.

1.2.5. Chief of Security Police. The CSP is the installation commander's principal advisor on issues pertaining to the safe movement of personnel and traffic. The CSP exercises staff responsibility for directing, regulating, and controlling traffic, and enforcing installation rules pertaining to traffic con-

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trol. CSPs assist traffic engineers by performing traffic control studies to gather information on traffic problems and usage patterns.

1.2.5.1. (Added-NELLIS) The 99th Security Forces Group (99 SFG) will refer facts about traffic violations to the proper military and civilian authorities. This is accomplished by the 99th SFG/ Reports and Analysis (99 SFG/SFAR) section. Facts will be recorded on DD Form 1408. Com-manders, agency chiefs, or first sergeants receiving these traffic tickets will investigate the facts and take appropriate action, as shown in this instruction.

1.2.5.2. (Added-NELLIS) Security Forces. The 99 SFG Commander (99 SFG/CC) will report all known incidents involving military (on or off-base) and civilian personnel on base, to the respon-sible commander or agency chief. All traffic tickets will be sent by the 99 SFG/SFAR directly to the unit commander or the supervisor of civilian employees.

1.2.6. Installation Safety Officer. The safety officer develops traffic accident prevention initiatives in support of the installation traffic safety program. They also help the CSP and other agencies with accident and incident investigation.

1.2.7. Installation Civil Engineer (CE). The CE plans, designs, constructs, and maintains streets, highways, and abutting lands. CEs select, determine appropriate design, procure, construct, install, and maintain permanent traffic and parking control devices in coordination with the CSP and installa-tion safety officer. They ensure traffic signs, signals, and pavement markings conform to the stan-dards in the current Manual on Uniform Traffic Control Devices for Streets and Highways. They also ensure planning, design, construction, and maintenance of streets and highways conform to National Highway Safety Program Standards, and where applicable, host nation requirements.

1.2.8. Installation Traffic Engineer. Traffic engineers conduct formal traffic engineering studies.

They apply traffic engineering measures and control devices to reduce the number and severity of traf-fic accidents. If there is no installation traffic engineer, the installation commander may request sup-port services by contacting the Commander, Military Traffic Management Command, 5611 Columbia Pike, Falls Church VA 22041-5050.

1.2.9. Mental Health Office. The mental health substance abuse control program provides alcohol/ drug education, treatment, and rehabilitation to personnel identified with alcohol and/or drug abuse problems.

1.2.10. (Added-NELLIS) Commanders, Agency Chiefs, or First Sergeants, annotate Commander’s action on all traffic tickets in the section provided and return it to the 99 SFG/SFAR within the required suspense period. Unit commanders, first sergeants, or their designated representatives are responsible for briefing all newly assigned military and civilian personnel on this supplement.

1.3. Delegation Of Authority. Installation commanders can delegate their authority under this instruc-tion to their vice commander, support group commander, or other appropriate official. Those selected for delegation must not occupy a law enforcement, investigative, or other position which might lead to a con-flict of interest or the appearance of such conflict during their administration of the motor vehicle traffic supervision program. Installation commanders must coordinate their letters of delegation through their installation staff judge advocate

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Chapter 2

DRIVING PRIVILEGES

2.1. Requirements for Driving Privileges.

2.1.1. Driving a government owned vehicle (GOV) or POV on an Air Force installation is a privilege granted by the installation commander. If you accept that privilege, you must comply with the laws and instructions governing motor vehicle operation and registration on the installation. Consequently, everyone operating a motor vehicle on a military installation must produce, upon request from the security police, the following:

2.1.1. (NELLIS) International driver’s licenses are valid up to 30 days upon arrival at the base, after which only a valid state license will be permitted.

2.1.1.1. Proof of vehicle ownership or registration if required by the issuing authority.

2.1.1.2. A valid state, overseas command, host nation, or international driver’s license and/or AF Form 2293, US Air Force Motor Vehicle Operator’s Identification Card, supported by a DD Form 2, US Armed Forces Identification Card. Locally determine acceptable identification media for civilian personnel and base contractors. Note: Each installation commander must deter-mine if international drivers licenses are recognized and accepted by the local (civilian) jurisdic-tion, and if so, will their use be authorized on the installation. As a general rule, most CONUS civilian jurisdictions will honor use of international drivers licenses for short periods of time by non-resident visitors and assigned military personnel. When practical, installation commanders should assimilate local policy to preclude conflicting policy.

2.1.1.3. If required by the jurisdiction in which the vehicle is operated, a valid record of motor vehicle safety inspection, emission control test, or any other test, evaluation, safety inspection, or other documents required by local, state, or host nation law or agreement. Note: In some instances, a state or other governing jurisdiction in which a vehicle is registered may require, as a condition for keeping registration/plates issued by that state or jurisdiction, a safety or other inspection even when the vehicle is operated in another state or jurisdiction. Though not enforce-able (in another state), failure to comply may invalidate the vehicle registration leaving the owner/ operator in a precarious legal position. In such cases, it becomes the owner's responsibility to comply with their "home state" or other issuing jurisdiction requirements in addition to host state requirements. Owners should secure host registration when unable to comply with licensing and/ or registration requirements issued by their home state or other jurisdiction.

2.1.1.4. Proof of current vehicle insurance when required by state, host nation, or the installation commander.

2.1.1.4. (NELLIS) Each motor vehicle operated on base must have and maintain motor vehicle insurance in the amounts required by Nevada State law. These amounts are, as a minimum, $15,000 personal liability each person, $30,000 personal liability each accident, and $10,000 property damage liability. Proof of insurance must be maintained with the vehicle and readily available upon demand.

2.2. Stopping and Inspecting Personnel or Vehicles.

AFI31-204_NELLISAFBSUP_I 1 AUGUST 2007 9

2.2.1. The security police may stop vehicles on military installations based on the installation com-mander's authority. The following principles govern the stopping of motor vehicles:

2.2.1.1. In overseas areas, security police may stop, search, and detain vehicles on or off base as determined by host nation agreements and local command policy.

2.2.1.2. AFI 31-209, The Air Force Resource Protection Program, local command instructions, and policies established by the installation commander will detail stop, inspection, search, and impoundment of motor vehicles at CONUS installation entry gates and in Air Force restricted areas.

2.2.1.2. (NELLIS) Random Installation Entry Point Checks (RIEPC) will be conducted at instal-lation entry point to protect the security of the installation and government property. RIEPC schedules will be coordinated through the United States Air Force Warfare Center, Staff Judge Advocate (USAFWC/JA), and approved by the 99 ABW/CC.

2.2.1.2.1. (Added-NELLIS) Failure to consent to a RIEPC may result in administrative action and revocation/suspension of base driving privileges for active duty personnel. Retired military or civilian personnel refusing to consent to a RIEPC will be denied base entry and revocation/suspension of base driving privileges.

2.2.1.3. On-base traffic stops and inspections (other than at entry gates and restricted areas) of POVs is authorized when there is a reasonable basis to believe it’s necessary to enforce a traffic regulation or when there is suspicion of criminal activity.

2.2.2. MAJCOMs responsible for overseas military installations must provide their installation com-manders with written guidelines governing stop, inspection, search, and impoundment of vehicles.

This guidance must reflect host nation agreements and pass appropriate legal review. Note: A theater commander or those commanding unified forces may direct policy covering all installations under their command. In this case, MAJCOMs must review those policies before issuing their guidance.

2.3. Implied Consent to Blood, Breath, or Urine Tests. Drivers give consent to evidential tests for alcohol or other drug content of their blood, breath, and/or urine as a condition to accepting installation driving privileges. This consent applies when lawfully detained, apprehended, or cited for any impaired driving offense committed while driving or in physical control of a motor vehicle on an Air Force instal-lation.

2.4. Implied Consent to Vehicle Impoundment. As a condition to accepting installation driving privi-leges, drivers must give their consent for the removal and temporary impoundment of their POV if their POV is: 1) Illegally parked for unreasonable periods; 2) Interferes with traffic operations; 3) Creates a safety hazard; 4) Disabled by accident or incident; 5) Left unattended in, or adjacent to, a restricted, con-trolled, or off-limits area; and 6) Abandoned. Drivers also agree to reimburse an authorized agency or contractor for the cost of towing, storage, and disposal should a need arise to remove or impound their motor vehicle because of a situation described above.

2.4.1. Installation commanders define in local procedures or supplement to this instruction, the defi-nitions for "unreasonable periods," "abandoned," and other terms relevant to enforcement action under paragraph 2.4. Incorporate those instructions, procedures, and definitions into the local instal-lation traffic code and make them known to the general public.

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2.5. Suspension or Revocation of Driving Privileges . Installation commanders may suspend or revoke installation driving privileges and POV registration for lawful reasons both related and unrelated to traffic violations or safe vehicle operations. Installation commanders must incorporate procedures gov-erning suspension and revocation in local publications or supplement to this instruction. Make these known to the general public.

2.5. (NELLIS) The authority to suspend or revoke driving privileges on NAFB rests with the 99th Air Base Wing Commander (99 ABW/CC) or designated representative. The 99 ABW/CC designated repre-sentative for suspension or revocation actions is the 99 ABW/CV and the 99th Mission Support Group Commander (99 MSG/CC).

2.5.1. Suspensions.

2.5.1. (NELLIS) Security Forces will place a DD Form 2504, Abandoned Vehicle Notice, on all vehi-cles suspected of being abandoned. The owner will be given 72 hours to remove the vehicle or give satisfactory reason why the vehicle cannot be moved. Coordinate explanations through the unit com-mander or First Sergeant to 99 SFS Investigations (99 SFS/SFOSI). EXCEPTION: Due to safety rea-sons, vehicles causing a traffic hazard will be towed immediately and impounded at the owner’s expense. NOTE: A reasonable good faith effort to contact the owner is met upon issue of AF Form1408/Armed Forces Traffic Ticket or vehicle being tagged with DD Form 2504/AbandonedVe-hicle Notice.

2.5.1.1. Installation commanders can suspend driving privileges for serious violations or when lesser measures fail to improve a driver's performance. The commander may also suspend or revoke licenses for up to 12 months if a driver continually violates installation parking standards, or habitually violates other standards considered non-moving in nature. Installation commanders determine suspension and revocation policy for non-moving violations, as well as what constitutes a non-moving violation on their installation (i.e., performing unauthorized repair; failure to regis-ter; unauthorized modifications or alterations; failure to maintain safety standards, etc.). Make these standards part of the local installation traffic code and take reasonable steps to make them known to the general public.

2.5.1.1. (NELLIS) The 99 ABW/CC, 99 ABW/CV or 99 MSG/CC may suspend or revoke on-base driving privileges for the following offenses or conditions; hazardous driving, excessive non-moving violations (outlined in the base traffic code), personnel under investigation for unlaw-ful possession or use of drugs, and persons determined by medical authority to be drug or alcohol abusers. Unit commanders may also request suspension or revocation of driving privileges for per-sonnel assigned to their unit through the 99 MSG/CC. NOTE: Upon request the 99 SFG/SFAR will compile reported data on each case and forward to 99 MSG/CC.

2.5.1.2. The installation commander has discretionary authority and may withdraw anyone's authorization to operate a government or privately owned motor vehicle on the installation.

2.5.1.3. Installation commanders will immediately suspend installation GOV or POV driving privileges pending resolution of an intoxicated driving incident which involves active duty mili-tary personnel, their family members, retired members of the military service, and DoD civilian personnel. This applies regardless of the geographic location of an intoxicated driving incident.

Installation commanders can only suspend privileges of non-DoD affiliated civilians for incidents occurring on the installation or in the areas subject to their military traffic jurisdiction. After a

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review of available evidence as specified in paragraph 2.6., suspend driver’s privileges pending resolution of the intoxicated driving incident under the circumstances outlined below:

2.5.1.3.1. Refusal to take or complete a lawfully requested chemical test to determine blood alcohol content BAC) or breath alcohol content (BrAC) for alcohol or other drugs.

2.5.1.3.2. Operating a motor vehicle with BAC or BrAC of 0.10 percent by volume or higher.

2.5.1.3.3. Operating a motor vehicle with a BAC or BrAC below 0.10 percent blood alcohol by volume if the jurisdiction in which the vehicle is operated imposes a suspension for a BAC or BrAC level below 0.10.

2.5.1.3.4. On an arrest report or other official document reasonably showing an intoxicated driving incident occurred.

2.5.2. Revocation.

2.5.2.1. The installation commander will immediately revoke driving privileges for a period of not less than one year in the following circumstances:

2.5.2.1.1. A person is lawfully detained for intoxicated driving and refuses to submit to or complete tests to measure blood alcohol or drug content as required by the law of the jurisdic-tion, installation traffic code, or this instruction.

2.5.2.1.2. A conviction, nonjudicial punishment, or a military or civilian administrative action resulting in the suspension or revocation of a driver’s license for intoxicated driving. Official documentation is required as the basis for this type of revocation action.

2.5.2.1.3. When a serious incident involving a motor vehicle occurs and the installation com-mander determines immediate revocation of driving privileges is required to preserve public safety or the good order and discipline of military personnel.

2.5.2.1.4. (Added-NELLIS) Any illegal drug detection may result in a one (1) year driving suspension pending due process.

2.5.2.2. The CSP develops plans and procedures to forward revocation, suspension, and driving records to gaining commanders and to initiate appropriate staff action when receiving similar records from losing commanders of inbound personnel.

2.5.2.2. (NELLIS) When the 99 SFG/SFAR is notified of personnel changing duty stations, SFAR will forward an Individual Driving History to the gaining unit commander (via Security Forces Management Information System (SFMIS)) if the individual’s driving privileges have been revoked or suspended, or if the individual has accumulated traffic points.

2.5.2.3. When temporary suspensions are followed by revocations, compute the revocation period from the original suspension date, exclusive of any period during which full driving privileges were restored pending resolution of charges.

2.5.2.3. (NELLIS) Suspensions/revocations will be posted at installation entry control points within 30 days after the incident.

2.5.2.4. Installation commanders may impose multiple suspensions to run consecutively or con-currently.

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2.5.2.4. (NELLIS) Multiple suspensions will run consecutively unless otherwise determined by the revoking authority.

2.5.2.5. (Added-NELLIS) Applies to civilians only when the incident occurs on the installation or in areas subject to Air Force traffic supervision.

2.6. Reciprocal Procedures.

2.6.1. Air Force installation commanders will honor revocations issued by other installation com-manders regardless of service component affiliation. Revocations remain in effect during reassign-ment unless the issuing authority terminates the revocation before reassignment. Installation commander may honor suspensions as determined on a case by case basis. Anyone with suspended or revocated privileges may petition an installation commander for partial or limited driving privileges.

2.6.1. (NELLIS) A driver whose privileges have been suspended at another Department of Defense (DoD) installation will have their privileges suspended at Nellis for the remaining period of the origi-nal suspension.

2.7. Administrative Due Process for Suspensions and Revocations.

2.7.1. When considering suspending or revoking someone’s driving privileges, notify that person in writing and tell them what action you are taking and the reason for it. Coordinate this notice with the base legal office.

2.7.2. Except for incidents outlined in para 2.5.1.3. and 2.5.2.1., do not suspend or revoke a person's driving privileges until they are notified (or reasonable attempts made) and offered an administrative hearing. Installation commanders determine when a suspension or revocation takes effect once mak-ing or attempting this written notice. Only in unusual circumstances should you make verbal notifica-tions. Unless an application for a hearing is made within the prescribed period, suspension or revocation takes place on the prescribed date and time. Installation commanders determine the time period for staying a suspension or revocation action after receiving a request for a administrative hear-ing. For offenses outlined in para 2.5.1.3. and 2.5.2.1., an installation commander will authorize an immediate preliminary suspension based on reliable evidence. Such evidence can include witness statements, a military or civilian police report, chemical test results, a refusal to complete chemical testing, video tapes, written statements, field sobriety test results, or other evidence.

2.7.2. (NELLIS) Persons notified of any type of suspension or revocation of driving privileges may ask for a hearing before the designated individual responsible for the suspension or revocation. Hear-ing request must be submitted within five workdays of receiving notification. A hearing will be held within 10 workdays of the day the request was received at responsible individual’s office. If the per-son is exonerated of the charge, driving privileges shall be restored. The individual suspending or revoking the driving privileges must restore the privileges in writing.

2.7.2.1. Installation commanders or their designee must conduct evidence reviews as soon as pos-sible, but no later than three duty days following final assembly of evidence.

2.7.2.2. For active duty military personnel, send a written notice of preliminary suspension for intoxicated driving to their commander or reasonable equivalent. For non-installation, non-DoD affiliated civilians, present the written notice of preliminary suspension for intoxicated driving either in person (preferred) or by certified mail. If the person is employed on the installation, send the notice to their commander or reasonable equivalent.

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2.7.2.3. Advise the individual of the following in the preliminary suspension notification for intoxicated driving:

2.7.2.3.1. Suspension can be made a revocation under the authority of paragraph 2.5.2. of this

AFI.

2.7.2.3.2. The right to request restoration of driving privileges pending investigation or reso-lution of the incident (direct request letters to the installation commander or designee).

2.7.2.3.3. The right of military personnel to present evidence and witnesses and be repre-sented by a civilian counsel (at their own expense) or assigned military counsel. Commanders determine the availability of specific (by name) military counsel requests.

2.7.2.3.4. The right of DoD civilian employees to have a personal representative present at the administrative hearing in accordance with applicable laws and instructions.

2.7.2.3.5. Amount of time the individual has to respond and request the administrative hearing before the preliminary suspension or revocation becomes permanent.

2.7.2.3.6. Direction to sign the acknowledgment of receipt and to return the signed letter to the address shown in the letter.

2.7.2.3.7. Requested hearings must take place within a reasonable period which is determined by the installation commander. A preliminary suspension for intoxicated driving remains in effect until the installation commander makes a final decision. However, if no decision is made within 30 days of the preliminary suspension or revocation, restore full driving privi-leges until the accused is notified of the final hearing results.

2.7.3. Hearings for intoxicated driving will cover only the pertinent issues of whether: 1) The law enforcement official had reasonable grounds to believe the person was driving or was in physical con-trol of a motor vehicle while under the influence of alcohol or other drugs; 2) The person was lawfully cited or apprehended for an intoxicated driving offense; 3) The person was asked to submit to a test for alcohol or other drug content of blood, breath, or urine and was informed of the consequences for refusing to take or complete such a test; 4) The person refused to submit to the test for alcohol, breath, or urine; failed to complete the test; submitted to the test and the result exceeded the amount of allowed blood alcohol content; results indicate the presence of other drugs for an on-installation apprehension or in violation of state laws for an off-installation apprehension; and 5) The testing methods used were valid and reliable, and the results accurately recorded and evaluated.

2.7.3.1. For revocation actions under paragraph 2.5.2.1. for intoxicated driving, the revocation is mandatory on conviction or other findings that confirm the charge.

2.7.3.1.1. The date of conviction or other findings that confirm the charge is the effective date of the revocation.

2.7.3.1.2. You may place the notice that revocation is automatic in the suspension letter, or send a separate letter. Revocation is not effective until receipt of the written notice, or the showing that you made reasonable attempts to notify the individual.

2.7.3.1.3. Revocations cancel any partial or restricted driving privileges previously granted.

Once revocation is acknowledged, a person may petition for the restoration of all or partial driving privileges.

14 AFI31-204_NELLISAFBSUP_I 1 AUGUST 2007

2.8. Alcohol and Drug Abuse Programs.

2.8.1. Refer military personnel involved in any intoxicated (drug or alcohol) motor vehicle incident to Substance Abuse Office, Drug and Alcohol Control for evaluation.

2.9. Restoration of Driving Privileges on Acquittal. When an official report or finding determines lack of guilt (not guilty) or when charges are dismissed or reduced to an offense not amounting to intoxi-cated driving, vacate the suspension of driving privileges except when:

2.9.1. The preliminary suspension was based on refusal to take a BAC test.

2.9.2. Operating a motor vehicle with a BAC of 0.10 percent by volume or higher or in violation of the law of the jurisdiction that is bring assimilated on the military installation.

2.9.3. The person was driving or in physical control of a motor vehicle while under another prelimi-nary suspension or revocation.

2.9.4. The state or host nation authorities made an administrative determination to suspend or revoke driving privileges based on local law or pertinent regulations.

2.9.5. The individual failed to complete a formally directed substance abuse or driver’s training pro-gram.

2.10. Restricted Driving Privileges or Probation.

2.10.1. Unless prohibited by higher authority, host nation authority, or other publication, installation commanders may authorize partial or restricted driving privileges to those whose authority to drive on military installations was suspended or revocated by a military service authority. Ensure the individ-ual’s driving credentials (civilian state, international, host nation, etc.) are still valid.

2.10.1. (NELLIS) After the imposing of any type of suspension or revocation the person may request restricted driving privileges. This request will be sent to the 99 MSG/CC through 99 SFG/SFAR. A copy of the valid driver’s license and current insurance verification must accompany this request.

2.10.2. Without due cause, do not grant restricted driving privileges, probation, or reinstatement to any person whose civilian driver’s license is under suspension or revocation by a state, federal, or host nation licensing authority. If absolutely necessary to do so (and for on base privileges only), coordi-nate with the installation staff judge advocate. Note: This option applies only to installations exercis-ing exclusive military jurisdiction. Outline procedures for applying for partial or restricted privileges in the base supplement to this AFI or in another appropriate publication. Only consider requests in which there is extreme hardship and there are no other workable alternatives. Do not consider the granting of limited privileges as an alternative to administrative discharge action when discharge is the more appropriate action. Installation commanders must weigh heavily the potential liability inherent when an individual with a suspended or revoked state, host nation, or other license is allowed to operate a motor vehicle on the installation. Administrative separation may be appropri-ate when the loss of driving privileges renders someone ineffective and incapable of performing their military duties, and a change in duty position is not reasonable.

2.11. Extensions of Suspensions and Revocations.

AFI31-204_NELLISAFBSUP_I 1 AUGUST 2007 15

2.11.1. Increase by two years the suspension or revocation period when someone is discovered driv-ing in violation of their original suspension or revocation. The unit or installation commander may also take administrative or disciplinary action.

2.11.2. Extend the suspension or revocation of installation driving privileges until the offender com-pletes an approved remedial driver training course, drug or alcohol program, or other program deemed necessary by the installation commander or local authorities.

2.12. Reciprocal State-Military Action.

2.12.1. Statutory authority may exist within some host nations or states for reciprocal suspension and revocation of driving privileges. If so, the installation commander should honor the reciprocal agree-ments with the state or host nation driver licensing authorities. On receipt of written notice, the receiving party may suspend or revoke driving privileges as if the violations or incidents occurred within its own jurisdiction.

2.12.1.1. Use the following procedures if statutory authority does not provide for formal military reciprocity:

2.12.1.1.1. When such authority suspends or revokes a license, automatically terminate the individual’s installation GOV and POV driving privileges. Take only comparable military administrative actions (suspensions, revocation, or point assessment) for those off-base viola-tions reported by local, state, or host nation authorities.

2.12.1.1.2. In the CONUS, notify the licensing authority of the state where a license is issued when revoking a person’s installation driving privileges (for a period of one year or more only) following final adjudication of an intoxicated driving offense or for refusal to submit to a BAC/BrAC test. Include in the notification the basis for the revocation and the BAC/BrAC level.

2.12.2. Provisions of the applicable status of forces agreement (SOFA) and the law of the host nation concerning reciprocal suspension and revocation can affect OCONUS installation commanders.

When permitted at a particular overseas installation and to the extent an agreement concerning reci-procity exists, the installation commander must have prior authorization to negotiate and conclude such an international agreement in accordance with applicable directives.

2.12.3. (Added-NELLIS) Requests for restricted driving privileges will not be honored if the viola-tor’s home state has revoked their driver’s license.

2.13. (Added-NELLIS) Reinstatement and Restricted Driving Privileges.

2.13.1. (Added-NELLIS) Reinstatement of base GOV driving privileges. Any request for reinstate-ment must be in writing, justified as mission essential, and submitted by the individual’s commander or equivalent to the 99 MSG/CC through 99 SFG/SFAR.

2.13.2. (Added-NELLIS) Restriction of base POV driving privileges. Any request for restricted driving privileges must be submitted in writing by the individual and be endorsed by their commander or equivalent to the 99 MSG/CC through 99 SFG/SFAR.

2.13.3. (Added-NELLIS) Requests for reinstatement of, or restriction of on-base driving privileges may be submitted at the time of the administrative due process hearing or at any time thereafter.

Requests must be addressed to 99 MSG/CC.

16 AFI31-204_NELLISAFBSUP_I 1 AUGUST 2007

Chapter 3

PRIVATELY OWNED VEHICLE OPERATION REQUIREMENTS

3.1. General. The installation commander is responsible for ensuring all vehicles entering their installa-tion are controlled. Installation commanders may extend or deny the privilege of operating a motor vehi-cle on the installation to anyone they deem appropriate.

3.1.1. (Added-NELLIS) Members of the Nellis Support Team (NST) will be issued a unique visitor/ vehicle pass by the 99 SFG/SFAP for entry onto Nellis AFB.

3.1.1.2. (Added-NELLIS) All vehicles owned and operated by local retired military members and their dependents that operate their motor vehicle(s) on Nellis AFB must meet registration requirements outlined in paragraph 3.2.2.

3.1.1.2.1. (Added-NELLIS) All drivers of rental vehicles entering the installation must have a valid ID Card and rental agreement.

3.1.1.2.2. (Added-NELLIS) Rental vehicles leased in quantity to support local exercises are considered GOVs. When leased in quantity, the 99th Logistics Readiness Squadron (99 LRS) or host unit, will provide a list comprised of make, model and license plate number of all vehi-cle leased to support the exercise or mission. Units holding the contract for the lease are responsible for ensuring all leased vehicle have and will maintain valid state registration doc-uments. EXCEPTION: Rental vehicles leased in quantity by host or tenant units to support large-scale exercises will be issued a vehicle specific placard by the hosting unit. Placard will be coordinated for use through the 99 SFS/SFOS.

3.2. Driver and Vehicle Requirements. All operators of privately owned vehicles on Air Force installa-tions will possess the following:

3.2.1. A valid state, overseas command, host nation or international driver’s license (within appropri-ate classification), supported by identification authorizing base entry.

3.2.2. A certificate of state registration as required by the state in which the vehicle is registered.

3.2.2. (NELLIS) All motor vehicles, to include motorcycles operated on Nellis and Creech AFB roadways, must meet registration, insurance and emissions standards established by local and state statutes. EXCEPTION: Rental vehicles leased in quantity by host or tenant units to support large-scale exercises will be issued a vehicle specific placard by the hosting unit. Placard will be coor-dinated for use through the 99 SFS/SFOS.

3.2.2.1.1. (Added-NELLIS) Unit commanders, civilian equivalents, or designated represen-tatives will make sure that all persons whose driving privileges have been suspended or revoked remove the registration decals from their vehicles and notify 99 SFG/SFAP of actions taken. If authorized dependents are entitled to operate the vehicle, they may be issued a lami-nated AF Form 75, providing all registration requirements are met.

3.2.2.1.2. (Added-NELLIS) Vehicles need not be unregistered when a sponsor is going over-seas if their dependents remain in the local area.

3.2.2.2. (Added-NELLIS) Civilian Contractors. Civilian contractors will be issued a short term visitors/vehicle passes (less then one year) for entry on to Nellis AFB through the 99 SFG/SFAP

AFI31-204_NELLISAFBSUP_I 1 AUGUST 2007 17

upon meeting the vehicle registration requirements outlined in paragraph 3.2.2. Long term passes will be issued for the duration of the contract not to exceed three year regardless the length of the contract.

3.2.2.3. (Added-NELLIS) Ex-spouses of Military Personnel. Ex-spouses of military personnel who share joint custody of a qualifying dependent child and have a 99 SVS Agent card will be issued a long term visitors passes for entry on to Nellis AFB through the 99 SFG/SFAP upon meeting the vehicle registration requirements outlined in paragraph 3.2.2.

3.2.2.3.1. (Added-NELLIS) Ex-spouses of military personnel will:

3.2.2.3.1.1. (Added-NELLIS) Present a notarized copy of their divorce decree verifying shared custody of the dependent child and the child’s ID card prior to being issued a long term visitor pass.

3.2.2.3.1.2. (Added-NELLIS) Long-term visitor passes will denote a specific window for installation entry (e.g. 0900 – 2100 daily). Authorized window will coincide with base Morale Welfare and Recreation (MWR) and support facilities operating hours (e.g. Base Exchange (BX), Commissary, Theater, Child Development Center (CDC etc.). Entry onto the installation outside the authorized window will be allowed on a case-by-case basis (e.g.

access to emergency health care).

3.2.2.4. (Added-NELLIS) Lomie Heard Elementary School Personnel. Lomie Heard Elementary School teachers and staff will be issued a Clark County School District ID and are able to access the base with that credential while meeting the vehicle registration requirements outlined in para-graph 3.2.2. above.

3.2.2.4.1. (Added-NELLIS) The principal will:

3.2.2.4.1.2. (Added-NELLIS) Provide 99 SFG/SFAP a complete list of all teachers and staff prior to the start of registration for the start of each new school year.

3.2.2.4.1.3. (Added-NELLIS) Provide updated listings of teachers and staff when changes take place and clearly list any additions or deletions.

3.2.2.4.1.4. (Added-NELLIS) Provide new hires a signed letter of introduction request-ing issuance of a base pass. New hires will hand carry the letter to 99 SFG/SFAP for issu-ance of a base pass. Newly hired personnel will need a picture identification card to confirm identification and need to meet all other registration requirements before a pass is issued.

3.2.2.4.1.5. (Added-NELLIS) Seize the base pass of any employees terminated, transfer-ring or otherwise ending employment at Lomie Heard Elementary School and return the pass to 99 SFG/SFAP.

3.2.2.4.2. (Added-NELLIS) Ensure teachers and staff may enter or exit the installation any-time during non-school hours provided the reason for entering or exiting the base is related to their work or in support of base clubs in which they are members.

3.2.2.4.3. (Added-NELLIS) Non-DoD parents of students properly registered at Lomie Heard School will be issued a long-term visitor pass for the duration of the school year includ-ing the week of school registration through the 99 SFG/SFAP for entry on to Nellis AFB. The pass will be issued upon receipt of a letter from the school verifying the students’ enrollment.

18 AFI31-204_NELLISAFBSUP_I 1 AUGUST 2007

The hours of the pass should be flexible enough to allow support of Parent Teacher Associa-tion meetings and programs offered at the school.

3.2.3. Proof of compliance with the minimum requirements of the automobile insurance laws or reg-ulations of the state, host nation, or command.

3.2.4. Proof of compliance with safety and emissions inspection for the state or local jurisdiction in which the vehicle is licensed.

3.2.5. Proof of compliance with local vehicle emission inspection if required by the State, and main-tenance requirements.

3.3. Motorcycles, Motor Scooters, and Mopeds. See AFI 91-207, The US Air Force Traffic Safety Pro-gram, for safety course requirements to operate motorcycles, motor scooters, and mopeds on AF installa-tions.

3.4. Rental Vehicles. Rental vehicles will be treated as government vehicles when being used for official business by military or DOD personnel. For base entry, driver identification will be checked and if all is in order, the vehicle may proceed in the same manner as a marked government vehicle.

3.5. AF Form 75, Visitor/Vehicle Pass. The AF Form 75 is one method to control and identify person-nel and vehicles on a temporary basis.