Section_J_-_Atch_28_-_Traffic_Regulations.pdf

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRAINING CENTER

FLETC DIRECTIVE NO: 70-09.I

DIRECTIVE TITLE: Traffic Regulations on FLETC Facilities EFFECTIVE DATE: December 28, 2012

1. POLICY: The Federal Law Enforcement Training Center (FLETC) will establish and enforce traffic regulations for the operation of motor vehicles and other approved transportation devices on FLETC facilities.

2. SCOPE: This directive applies to all FLETC facilities and all persons operating motor and other approved transportation devices on these facilities.

3. REFERENCES:

a. 31 Code of Federal Regulations (CFR), Part 700, Regulations Governing Conduct in or on the Federal Law Enforcement Training Center Buildings and Grounds, Section 700.10, Vehicular and Pedestrian Traffic.

b. U.S. Department of Transportation, Federal Highway Administration Manual on

Uniform Traffic Control Devices, December 2009.

c. Official Code of Georgia Annotated Title 40, Motor Vehicles and Traffic, 2011.

d. Code of Maryland Regulations, Title 11, Vehicle Laws, 2011.

e. New Mexico Motor Vehicle Code, Chapters 65 and 66, July 2010.

f. South Carolina Code of Laws, Title 56, Motor Vehicles, January 20, 2011.

g. FLETC Directive 70-01.C, Fleet Management, May 2006.

h. Executive Order 13513. Federal Leadership on Reducing Text Messaging While

Driving, October 1, 2009.

4. CANCELLATIONS: This directive hereby supersedes FLETC Directives 70-09.I, Traffic Regulations on FLETC Facilities, dated May 1, 2006.

5. ADDITIONAL GUIDANCE: FLETC Manual 70-09.I, Traffic Regulations on FLETC Facilities.

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6. OFFICE OF PRIMARY INTEREST: Office of Security and Emergency Management.

Signature on file

Connie L. Patrick Director

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FLETC MANUAL 70-09.I

Traffic Regulations on FLETC Facilities

Supporting Publication to FLETC Directive 70-09.I “Traffic Regulations on FLETC Facilities”

December 2012

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FLETC MANUAL 70-09.I

Traffic Regulations on FLETC Facilities

TABLE OF CONTENTS

Page

1. Introduction

2. Scope

3. Forms

4. Definitions.....…

5. Responsibilities

6. Procedures

a. FLETC Traffic Regulations

b. Traffic Violations

c. Reporting Vehicle Incidents………………………………………………………...19

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1. INTRODUCTION: This manual sets forth the responsibilities and procedures of Federal Law Enforcement Training Center (FLETC) Directive 70-09.I, Traffic Regulations on FLETC Facilities.

a. Operators of motor vehicles and bicycles on a FLETC facility must obey all applicable motor vehicle traffic laws of the FLETC, the state, and local jurisdiction, except when authorized official duties require otherwise. Accordingly, motor vehicle and bicycle operators on FLETC facilities may be prosecuted under State law for traffic violations, in addition to being subject to a FLETC administrative sanction under the provisions of this manual.

b. Operating a motor vehicle, motorcycle, and other approved transportation devices on FLETC facilities and sites is a privilege and not a right and requires awareness and compliance of general and vehicle/device specific “rules of the road.” Additionally, FLETC sites and facilities have large numbers of staff and student pedestrians and group and individual training activities which require strict compliance and adherence to FLETC traffic regulations to ensure the safety of these staff and students.

2. SCOPE: This manual applies to all FLETC facilities and all persons operating government-owned vehicles, privately-owned vehicles, and other approved transportation devices.

3. FORMS: None

4. DEFINITIONS:

a. All-Terrain Vehicle (ATV). A motorized, off-highway recreational device that travels on three or more low-pressure tires, has a saddle or seat for the operator, and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain.

b. Bicycle. A human-powered, pedal-driven, single-track vehicle, having two wheels attached to a frame, one behind the other, either of which is more than 13 inches in diameter.

c. Government-Owned Vehicle (GOV). A motor vehicle acquired for official government use that is registered as being owned, leased, or rented by the U.S. Government (e.g., DHS-owned, General Services Administration Fleet owned).

d. Law Enforcement (LE) Vehicle. A passenger motor vehicle or light truck specifically approved in an agency’s appropriation act for use in apprehension, surveillance, police-type or other law enforcement work, or specifically designed for use in LE. Motor vehicles used for administrative purposes in support of LE work or operation, but not actually used in LE work, shall not be regarded as LE vehicles. NOTE: GOVs operated by designated FLETC Federal LE Officers (LEOs)/Agents and authorized and marked Security Force vehicles operated by FLETC Security Force personnel are considered LE vehicles.

Attachment 28 (Page 5 of 22) http://en.wikipedia.org/wiki/Human-powered_transport http://en.wikipedia.org/wiki/Bicycle_pedal http://en.wikipedia.org/wiki/Single-track_vehicle http://en.wikipedia.org/wiki/Bicycle_wheel http://en.wikipedia.org/wiki/Bicycle_frame

e. License or License to Operate a Motor Vehicle. A driver's license, any other license, or permit to operate a motor vehicle issued under, or granted by, the laws of a state, including, a temporary license or instruction permit, the privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and a nonresident's (of the state a FLETC facility/site is located in) operating privilege as defined in that state’s traffic code.

f. Low-speed Vehicle (LSV). A four-wheeled electrically, diesel, or gas-powered vehicle, with a maximum speed not greater than 25 miles per hour. This includes golf carts, forklifts, and other similar vehicles.

g. Moped. A motor-driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower.

h. Motorcycle. Motor-driven cycle designed to travel on public streets, having a seat or saddle for the use of all rider(s). Motorcycles are designed to travel on either two or three wheels when in contact with the ground excluding tractors and mopeds. Other motorized cycles, referred to as “scooters”, (e.g., Vespa scooters, Honda scooters).

i. Motor Vehicle. A vehicle designed and operated mainly for highway transportation of property or passengers. The term “motor vehicle” includes automobiles (sedans), station wagons, carryalls, buses, vans, ambulances, motorcycles, truck tractors and trucks, including trucks with specialized mounted equipment and truck chassis with special purpose bodies.

j. Personal Assistive Mobility Device (PAMD). An electric, battery- powered device designed to assist in the mobility and transportation of persons with disabilities. This includes devices referred to as electric wheel chairs and mobility chairs/scooters.

k. Privately Owned Vehicle (POV). A motor vehicle acquired for private use that is registered as being owned, leased, or rented by an individual.

l. Speed Detection Device. A device designed to measure the speed or velocity of a motor vehicle and marketed under the name "VASCAR" or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the Doppler principle of radar or the speed timing principle of laser. Such devices are referred to as “radar” or “radar equipped speed limit signs.”

m. Speed Limits. Any light, device, or sign which may be used to impede, slow, stop, or regulate the speed of motor vehicles (i.e., speed limit signs, stop lights, stop signs, slow signs, yield signs).

n. Stop or Stopping. When required, means complete cessation from movement; or when prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.

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o. Traffic Control Signal. A device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

p. Utility Terrain Vehicle (UTV). A motor driven device, other than a LSV, that is designed to be used primarily off the highway and was originally manufactured with the following: four or more low-pressure tires, a cargo box or dump box, a steering wheel, a tail and brake light, two headlights, seats for at least two occupants all of which are designed not to be straddled; a system of seat belts or similar system for restraining each occupant in the event of an accident; a system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.

q. Vehicle Accident. The collision of any motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one government entity or person is sustained.

r. Training Vehicle Incident. The collision of any assigned training motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which:

(1) The activity was under the direct supervision of a FLETC or Partner

Organization (PO) Instructor on a closed training course;

(2) There were no physical injuries to persons; and

(3) The motor vehicle was not required to be towed away from the scene of collision due to significant structural damage.

5. RESPONSIBILITIES:

a. Chief Security Officer (CSO), Office of Security and Emergency Management (SEM).

(1) Ensure the effective implementation of traffic regulations on FLETC facilities.

(2) Ensure coordination occurs between the SEM, the SEM/Physical Security Program (PHY), and the Field Site Security Officers (FSSOs), SEM, and assistance is provided in the implementation of FLETC Field Site traffic regulations requirements.

(3) Serve as the Deciding Official on the incidents involving the suspension, revocation, restriction, and reinstatement of driving privileges on the FLETC/Glynco.

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b. Program Chief, Security Emergency Management/Physical.

(1) Ensure effective development and implementation of the enterprise-wide

FLETC traffic regulations policies, guidance, and standard operating procedures (SOPs).

(2) Coordinate with the Field Site Security Officers and provide assistance and guidance in the site-specific development and implementation of the FLETC Field Site-specific traffic regulations policies, guidance, and SOPs.

(3) Coordinate with applicable FLETC offices regarding the conduct of assessments and surveys involving new and existing traffic controls and issues.

(4) Coordinate with applicable FLETC and Partner Organization (PO) offices

(e.g., PO Training Academies, Facilities Management Division (FMD), Procurement Division (PRO), Planning, Analysis and Evaluation (PAE), etc.) in the conduct of SEM/PHY reviews of proposed and existing design plans involving new building construction and/or renovation of existing buildings at FLETC/Glynco to ensure all applicable traffic and parking regulations requirements are addressed.

(5) Ensure the effectiveness of all FLETC/Glynco traffic control systems (e.g., speed detection devices, speed limits, and traffic control barriers (lane arms, bollards, speed bumps, wedges, jersey barriers, etc.) to include the coordination of installation, maintenance, and conduct of calibration and performance tests (PTs) of such systems, as applicable.

(6) Ensure all reported deficiencies involving FLETC/Glynco traffic control systems are addressed and corrected in a timely manner.

(7) Conduct reviews and trending of FLETC/Glynco traffic issues (e.g., accidents, repetitive traffic and parking violations, problem locations, etc.) to support proactive addressing and mitigation of these issues; and maintain documentation of these reviews and trending activities.

(8) Designate and authorize SEM/PHY staff to direct traffic during FLETC/Glynco operational and emergency events and incidents, give orders, and/or issue FLETC citations relating to traffic violations.

(9) Serve as the Reviewing Official for appeals of FLETC traffic citations and violations issued by the FLETC/Glynco Security Force, in the course of providing due process.

c. Field Site Security Officers, SEM.

(1) Ensure effective development and implementation of the Field Site-specific traffic regulations policies, guidance, and SOPs.

(2) Coordinate with the Chief, SEM/PHY, and provide assistance in development and implementation of the FLETC enterprise-wide traffic regulations policies, guidance, and SOPs.

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(3) Coordinate with applicable Field Site offices regarding the conduct of assessments and surveys involving new and existing traffic controls and issues.

(4) Coordinate with applicable FLETC and PO offices (e.g., PO Academies, FMD, PRO, PAE, etc.) in the conduct of reviews of proposed and existing design plans involving new building construction and/or renovation of existing buildings at the Field Sites to ensure all applicable traffic and parking regulations requirements are addressed.

(5) Ensure the effectiveness of all Field Site traffic control systems (e.g., speed detection devices, speed limits, and traffic control barriers (lane arms, bollards, speed bumps, wedges, jersey barriers, etc.) to include the coordination of installation, maintenance, and conduct of calibration and PTs of such systems, as applicable.

(6) Ensure all reported deficiencies involving Field Site traffic control systems are addressed and corrected in a timely manner.

(7) Conduct reviews and trending of Field Site traffic issues (e.g., accidents, repetitive traffic and parking violations, problem locations, etc.) to support proactive addressing and mitigation of these issues; and maintain documentation of these reviews and trending activities.

(8) Serve as the Reviewing Official for appeals of FLETC Field Site traffic citations and violations issued by the Field Site Security Force, in the course of providing due process.

(9) As required, support the enforcement of traffic regulations by directing traffic during Field Site operational and emergency events and incidents and giving orders and/or issuing FLETC citations relating to traffic violations.

d. Site Directors, Office of Artesia Operations (OAO), Office of Charleston Operations (CHS), and Office of Cheltenham Operations (OCH), Field Training Directorate (FTD). As the FLETC Field Site Director:

(1) Ensure the effective implementation of traffic regulations on the respective Field Site.

(2) Serve as the Deciding Official on the incidents involving the suspension, revocation, restriction, and reinstatement of driving privileges on the Field Site.

e. FLETC Federal Staff Designated as Federal LEOs and Agents. FLETC Federal LEOs and Agents are authorized to and, as required, will support the enforcement of traffic regulations on FLETC facilities, including but not limited to, directing traffic during operational and emergency events and incidents, giving orders, and/or issuing FLETC citations relating to traffic violations and offenses, as required.

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f. FLETC Security Forces Managers and Supervisors.

(1) Ensure FLETC Security Forces support the effective implementation of traffic regulations on FLETC sites and facilities, as applicable.

(2) Ensure all deficiencies involving FLETC Site traffic control systems are reported in a timely manner.

(3) Notify all visitors and guests requesting permission to operate a motor vehicle on a FLETC site that they must comply with all applicable FLETC, local and state traffic regulations while operating the vehicle.

g. FLETC, PO, and Contractor Supervisors and Managers.

(1) Ensure senior and supervisory level ownership regarding the FLETC traffic regulations is established and maintained within their respective areas of responsibility, as required.

(2) Ensure that an adequate level of staff awareness is established and maintained that serves to emphasize adherence to FLETC traffic regulations.

(3) Coordinate with the CSO and Field Site Directors, as applicable; in taking appropriate corrective actions, to include administrative or disciplinary action as appropriate, when subordinate staff is involved in severe traffic violations or issues.

h. FLETC/PO Staff, FLETC/PO Students, and Contractor Staff.

(1) Be aware of and comply with the FLETC traffic regulations, as outlined in this manual, as applicable.

(2) Be aware that operating a motor vehicle and other approved transportation devices on FLETC sites is a privilege and not a right, and failure to comply with FLETC traffic regulations may result in administrative or disciplinary action, up to and including suspension or revocation of driving privileges.

(3) Be aware that failure to comply with FLETC, local, and state-specific traffic regulations may also result in the issuance of local and state traffic citations by local LE authorities (e.g., driving under the influence (DUI), reckless and aggressive driving, driving too fast for conditions, failure to maintain insurance, etc.). Such citations and violations may/can affect an individual’s state driving record, history, and driving privileges.

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6. PROCEDURES:

a. FLETC Traffic Regulations.

(1) General Traffic Regulations.

(a) All persons operating motor vehicles and other authorized transportation devices on the roads, streets, and common areas of FLETC sites and facilities will, as applicable:

1) Be subject to FLETC, local and state traffic laws and regulations, as applicable.

2) Maintain current and the minimum amount of motor vehicle insurance coverage, as required by the state in which the FLETC site is located, and maintain proof of this insurance coverage in their motor vehicle and motorcycle.

3) Maintain current registration and license plate/tag of the motor vehicle and motorcycle, as required by the state in which they maintain primary residence.

4) Not knowingly drive a motor vehicle or motorcycle on suspended, cancelled, and/or revoked license or vehicle registration.

5) Not operate a motor vehicle or other approved transportation device at a speed greater than is reasonable and prudent under the speed limits, current conditions, and will have regard for the actual and potential hazards that exist.

6) Obey all traffic control devices, unless otherwise directed by authorized FLETC Federal and Security Force personnel, local and state LEOs, fire, and emergency personnel.

7) Obey authorized persons directing traffic on FLETC sites.

8) Exercise due care in operating a motor vehicle and other approved transportation device while using a mobile telephone and radio.

9) NOT write, send, or read text based communication while operating a motor vehicle or other approved transportation device on FLETC sites and facilities.

Such use of text based communication is strictly prohibited, as this activity can cause a distraction for the operator and contribute to accidents. This prohibition is in effect, regardless of the fact that the state traffic laws in which a FLETC site is located may allow such texting communications.

10) Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009, prohibits Federal employees and contractors from “text messaging when (a) driving GOV, or when driving POV while on official

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Government business, or (b) when using electronic equipment supplied by the Government while driving.” The ONLY approved exceptions to this prohibition are:

i. Those FLETC Security Forces and Federal

LEOs/Agents, other LEOs, firefighters, emergency medical personnel, ambulance/squad drivers, or other similarly employed public safety first responders during the conduct of official and first responder duties.

ii. Persons reporting a traffic accident, medical emergency, serious road hazard, or a situation in which the person reasonably believes a person’s health or safety is in jeopardy.

iii. Persons reporting the perpetration or potential perpetration of a crime.

iv. Persons engaged in texting communication in or on a motor vehicle or approved transportation device which is lawfully parked.

11) Upon being permanently or temporarily stationed or employed on a FLETC site or facility, during the Staff and Student Check-In process while requesting a FLETC parking permit, will provide proof of current motor vehicle and motorcycle insurance and registration to the FLETC Security Force.

12) Not operate POVs on perimeter roads on FLETC sites or facilities, as these roads are “For Official Use Only.” The exceptions to this prohibition include the authorized use of POVs during FLETC and PO supervised training activities and laboratories and use of government and privately owned bicycles. Additionally, FLETC perimeter roads will not be used as short cuts by staff, students, and contractors.

13) Operate motor vehicles and other approved transportation devices on the designated streets, roads, and paths and not take short cuts through common areas.

14) Yield to pedestrians, persons operating PAMDs, and those personnel involved in individual and FLETC and PO supervised group physical fitness activities.

Operators of motor vehicles and other approved transportation devices will use caution in passing individuals and formations/groups of students and official FLETC and PO support motor vehicles (including ATVs, UTVs, LSVs, etc.) accompanying these formations on or off the designated streets and roads.

15) Be aware that the maximum posted speed limit on all

FLETC sites is 35 miles per hour, unless otherwise indicated.

16) Upon the immediate approach of an authorized FLETC

Security Force or other LE/emergency vehicle or a Federal, state, or local LE or first responder response vehicle (e.g., fire engine, medical squad/ambulance) making use of emergency audible and visual signals, the operator of motor vehicles and other approved transportation devices will yield the right of way and will immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the street or roadway clear of any intersection . The operator will stop and remain in such position until the authorized Security/emergency/LE

Attachment 28 (Page 12 of 22) vehicle has passed, except when otherwise directed by a FLETC Security Force officer; FLETC LEO/A; or Federal, state, or local LE officer and other first responder.

(2) Motorcycle-specific Traffic Regulations. The general traffic regulations in paragraph 6.a.(1)(a) above, as applicable, apply to motorcycles. All motorcycles are entitled to full use of a lane on a FLETC street or road laned for traffic. In addition, the below motorcycle-specific traffic regulations must be complied with:

(a) The operator will not overtake and pass in the same lane occupied by the vehicle being overtaken.

(b) The operator will not operate the motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

(c) Motorcycles will not be operated more than two abreast in a single lane.

(d) The operator will keep the headlight(s) and taillight(s) illuminated at all times, except upon completing parking of the motorcycle.

(e) The operator and passenger will at all times wear a Department of Transportation (DOT) approved helmet, regardless of the fact that the state motor vehicle regulations and laws in which a FLETC site is located may allow the optional use of a helmet.

(f) The operator will wear eye protection if the motorcycle is not equipped with a windshield.

(3) Bicycle-specific Traffic Regulations.

The general traffic regulations in paragraph 6.a(1)(a) above, as applicable, also apply to bicycles. In addition, the below bicycle-specific traffic regulations must be complied with by persons riding bicycles on FLETC streets and roads.

(a) Persons riding bicycles will ride as near to the right side of the laned or unlaned street and road as practicable, except for when turning left or avoiding hazards to safe cycling, when the lane is too narrow to share safely with a motor vehicle, when traveling at the same speed as traffic, or while exercising due care when passing a standing or stopped vehicle or one proceeding in the same direction.

(b) Persons riding bicycles may ride up to two abreast when traffic conditions allow. Persons riding bicycles on FLETC sidewalks and paths may ride up to two abreast, but must yield to pedestrians and persons operating PAMDs by moving to single file until they have passed.

(c) Persons riding bicycles must wear a fluorescent orange safety vest.

The vest must be worn in such a manner as to provide visibility in BOTH the front and back.

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NOTE: Students will wear the vests and not secure the vests to their backpacks or bicycles.

(d) Bicycles ridden during the hours of darkness must be equipped with a light on front which must emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of headlights on a motor vehicle. NOTE: A light emitting a red light visible from a distance of 300 feet to the rear may be used in addition to the red reflector, but is not required.

(e) Persons riding a bicycle will not carry any package, bundle, or other article which prevents them from keeping at least one hand upon the handlebars.

(f) Persons riding a bicycle will not ride other than upon or astride a permanently attached, regular seat and will not allow any person to ride upon the handlebars.

(4) PAMD-specific Traffic Regulations.

(a) PAMDs may be operated on streets, roads, and sidewalks, and paths on FLETC sites.

(b) When traveling on a laned or unlaned FLETC street or road, persons operating a PAMD will ride as near to the right side of the laned or unlaned street and road as practicable and will travel in the same direction authorized by motor vehicles.

(5) ATV/UTV/LSV-specific Traffic Regulations.

(a) Only ATVs/UTVs/LSV that are approved and for official government use and support may be operated on streets, roads, and common areas on FLETC sites.

(b) All ATVs/UTVs/LSVs are entitled to full use of a lane on a FLETC street or road laned for traffic. Regarding operating an ATV/UTV/LSV on FLETC streets and roads laned for traffic:

1) The operator will not overtake and pass in the same lane occupied by the vehicle being overtaken.

2) The operator will not operate the ATV/UTV/LSV between lanes of traffic or between adjacent lines or rows of vehicles.

3) If so equipped, the operator will keep his/her headlights, taillights, and flashing amber caution lights illuminated at all times, except upon completing parking.

4) For ATVs, the operator and passenger will at all times wear a DOT approved helmet.

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5) For ATVs, the operator will wear eye protection if the ATV is not equipped with a windshield.

6) ATVs/UTVs/LSVs supporting FLETC and PO group physical fitness training activities (e.g., formations and groups in/along side streets and roadways), roadside and common areas work activities, movement on streets and roads, etc., in which the ATV/UTV/LSV will be operated in a slow manner or will enter and exit the street or roadway on a frequent basis will operate with yellow safety warning/flashing light(s) on, if so equipped.

7) The operator will not take short cuts through common areas.

(6) Prohibited Devices.

The following transportation devices are prohibited and not approved for use on streets, roads, paths, and common areas on FLETC sites:

(a) Personal ATVs/UTVs/LSVs.

(b) Motorized and non-motorized skate boards.

(c) Motorized and non-motorized 2-wheeled kick boards

(e.g.,“Razors”).

(d) Mopeds.

(e) Non-street legal motor vehicles, motorcycles, and scooters.

(7) Parking.

Parking spaces and areas on FLETC sites are very limited and all staff, contractors, students, and visitors must park in authorized areas only. Regarding parking on FLETC sites:

(a) All operators of POVs and other privately owned approved transportation devices (except for PAMDs, bicycles, and utility LSVs) are required to display either a permanent FLETC staff parking permit or temporary parking permit either hanging from the interior rear view mirror, placed on the driver’s side of the dash, or in other areas where they are readily visible by FLETC Security Forces.

(b) FLETC and PO GOVs do not require parking permits; however, students attending training using their agency GOVs are required to receive temporary parking permits when they register and display them appropriately in the GOV.

(c) During official training hours, all (basic and advanced) students are required to park in designated Student Parking areas. Basic students will use FLETC buses for

Attachment 28 (Page 15 of 22) transportation from and to FLETC dormitories and off-site lodging and between training locations to reduce parking requirements. Advanced students may operate and park GOVs and POVs, but are to utilize FLETC buses for transportation when possible.

(d) During night hours, all students are required to park in designated areas at their assigned dormitories. During non training hours, weekends, and holidays, all students may park in common areas on FLETC sites (e.g., cafeterias, FLETC Express/convenience stores, student centers, recreation association facilities).

(e) All motor vehicles and motorcycles will be parked in authorized and designated areas. Parking in grass and other unmarked areas must be kept to a minimum and is permitted only when it is the only available parking option. Parking on the sides of FLETC streets, roads, and paths is prohibited. The exceptions to this are those GOVs and authorized POVs involved in FLETC and PO training exercises and laboratories, those GOVs and contractor POVs and other approved transportation devices (i.e., ATVs/UTVs/LSVs) engaged in FLETC operations support activities, and during emergencies.

(f) POVs, motorcycles, and any other transportation devices are not permitted to be parked in areas outside their normal parking areas, (e.g., convenience store, post office, recreational facility, student center) for the purpose of display and selling them.

(g) Bicycles will be parked in/at designated bicycle racks. Bicycles will not be parked outside dormitory rooms. Failure to properly park a bicycle may result in the bicycle being retrieved by FLETC officials and moved to a secure location and requiring the owner to contact FLETC Security and coordinate for its release.

(h) Reserving and signage of reserved parking spaces is limited to the following required spaces: handicapped, loading/unloading, LE or emergency response vehicle, and designated GOV spaces, as determined and approved in the facility design/renovation review process.

(i) Additional site specific parking requirements may be issued by each individual FLETC site.

b. Traffic Violations. Violations of FLETC traffic regulations may/will result in penalties assessed according to the FLETC 12-Point System and/or may be assessed penalties and prosecuted under the applicable state’s law on traffic violations in which the FLETC site is located.

(1) The FLETC 12-Point System. The 12-Point System is a points per violation system internal to the FLETC. Any points and penalties incurred under this system are not assessed on an individual’s state driving record and state-issued driver’s license. These points are assessed when a written FLETC Traffic Citation is issued to a violator. The system utilizes an accumulation period of 24 months from the time the first points were assessed for a violation. After the 24-month period, an individual’s accumulated points will be expunged unless extenuating circumstances exist.

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(a) The following table outlines the respective points per violation.

POINTS

PER

VIOLATION

VIOLATION

• Parking

• Safety Belt

• Littering

• Failure to completely stop at a stop sign.

• Passing another vehicle in a no-passing zone.

• Failure to yield right-of-way (contributing to an accident or near accident, to pedestrians, persons operating PAMDs, and student groups/formations engaged in training activities).

• Speeding (less than 15 mph over posted speed limit).

• Causing an accident.

• Allowing debris to fall from an open-bed truck or an uncovered load.

• Failure to obey traffic direction from FLETC Security Force officers, FLETC Federal LEOs/Agents, and/or Federal, state, or local LEOs.

• Disregarding traffic signal devices or other actions which pose a hazard to vehicles, pedestrians, and property.

6 • Speeding in excess of 15 mph over the posted speed limit.

• Driving too fast for conditions.

• Reckless/Aggressive driving.

• Driving with obvious disregard for the safety of other persons or property.

• Failing to stop after being involved in an accident or failing to report an accident.

• Attempting to elude FLETC Security Force officers or Federal

LEOs/Agents.

• Driving under the verified influence (DUI) of alcoholic beverages or drugs/narcotics.

(b) Penalties for Points on Issued FLETC Traffic Citations. The following tables outlines the penalties for violations in which a written FLETC Traffic Citation is issued:

POINTS ACCUMULATION PENALTIES

>3 and <7

Violator is verbally counseled by his/her immediate supervisor (for FLETC and PO Federal staff), by class coordinator (FLETC and PO students), and senior contract manager (FLETC and PO contract employees).

7 and <10 Violator is counseled in writing by applicable FLETC Assistant Director (AD) or PO Agency

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Representative (FLETC and PO Federal staff), by Program Manager, PO Agency Representative, or class coordinator (FLETC and PO students), and senior contract manager with FLETC or PO Contracting Officer (CO) (FLETC and PO contract employees).

10 and <13

Violator is counseled in writing by applicable FLETC AD or PO Agency Representative (FLETC and PO Federal staff), by Program Manager, PO Agency Representative, or class coordinator (FLETC and PO students), and senior contract manager with FLETC or PO CO (FLETC and PO contract employees).

Violator's driving privileges on FLETC Sites are suspended for 30 days.

>13

Mandatory suspension of violator’s driving privileges on FLETC sites for a minimum of 180 days. After reinstatement of driving privileges, the first (or subsequent) violation of any type (four points or higher) at any time during the next two years will result in an additional suspension for 180 days.

NOTE: Violations involving serious offenses (e.g., DUI and reckless/aggressive driving) may result in longer suspension of driving privileges on FLETC sites due to the suspension of an individual’s state-issued license based upon charges, convictions, and application of state traffic laws.

(c) Suspension/Revocation and Reinstatement of Driving Privileges.

Suspension of driving privileges on FLETC sites may result from accumulation of sufficient points under the 12-Point System; suspension as a result of suspension or revocation of an individual’s state-issued license based upon charges, convictions, and application of state traffic laws; and for medical causes and/or use of prescribed medications and controlled substances that result in an individual’s ability to operate a motor vehicle or other approved transportation device being impaired.

1) Suspension under the 12-Point System. Suspensions under the 12-Point System are covered in paragraph 6.b.(1)(b)4, above.

2) Suspension/Revocation as a Result of Suspension/Revocation of an Individual’s State-issued License.

i. Suspension/revocation of driving privileges on

FLETC Sites will also occur if an individual’s state-issued license is suspended or revoked based upon charges, convictions, and application of state traffic laws. An individual’s driving privileges on a FLETC Site may be reinstated upon reinstatement of the individual’s state license, based upon the reinstatement circumstances (e.g., reinstatement may occur if the

Attachment 28 (Page 18 of 22) individual’s state privileges are fully reinstated, partial reinstatement may occur if the individual’s state privileges have been partially reinstated (as in restricted to driving from residence to work and back); reinstatement may occur if the individual’s state privileges are reinstated under conditions of meeting probation requirements).

ii. Suspension of driving privileges must be approved by the respective FLETC Deciding Official (the CSO for FLETC/Glynco; and the Site Directors for FLETC/Artesia, Charleston, and Cheltenham). The respective Deciding Official will confer with the applicable FLETC and PO offices (e.g., ADs, Office of Chief Counsel (OCC), PO Agency Representative, Human Capital Division (HCD), Workforce Relations Branch (WRB), etc.) as required.

3) Suspension Due to Medical Causes, Use of Prescribed

Medications, Use of Controlled Substances. Suspension of driving privileges on FLETC Sites may occur if an individual’s ability to operate a motor vehicle or other approved transportation device is impaired due to medical causes and/or use of prescribed medications. Evidence of impaired driving may be presented by an individual’s supervisor, by a FLETC Security Force officer, by a FLETC or PO Supervisor, FLETC LEO/Agent, and/or local LEO.

4) Reinstatement of Driving Privileges. An individual’s driving privileges on a FLETC Site may be reinstated upon completion of a period of suspension under the 12-Point System, reinstatement of the individual’s state license, and medical causes and/or use of prescribed medications and controlled substances that are impairing the individual’s ability to operate a motor vehicle or other approved transportation device are verified as no longer present or no longer being used.

5) Waivers of Suspensions. Suspensions under the FLETC

12-Point System may be partially waived by permitting restricted limits to driving privileges for Federal staff members and students.

i. Federal Staff Members. Waivers may be requested by providing a written request by the Federal staff member's respective FLETC AD or PO Agency Representative for the purpose of operating a GOV or government-leased/-rented vehicle in conjunction with the performance of official duties.

ii. Federal Students. Waivers may be requested by providing a written request by the student’s respective FLETC or PO training program manager for the purpose of the student driving a GOV or leased vehicle in conjunction with an official training activity; however, this waiver must be concurred upon and signed by the applicable FLETC AD and PO Agency Representative.

iii. The applicable FLETC Deciding Official will confer with the applicable FLETC and PO offices (e.g., ADs, FLETC Directorates; OCC, PO Agency Representative, HCD/WRB), as required.

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NOTE: Waivers to suspensions are the EXCEPTION and NOT THE NORM and if granted, the requesting organization is required to assume all risks in permitting the person to operate a motor vehicle or other approved transportation device on a restricted basis. Waivers to suspensions due to state-issued suspensions cannot be implemented.

(2) State Issued Traffic Citations and Charges.

Local LE agencies at the FLETC/Glynco, /Artesia, /Charleston, /Cheltenham, have concurrent jurisdiction on these sites and respond to traffic accidents, emergency incidents, etc. Operators of motor vehicles and other approved transportation devices on FLETC sites may be issued traffic citations by these LE agencies and be prosecuted under the applicable state law for traffic violations in the state that a FLETC site is located. As noted earlier, operators issued state traffic citations and charges may also have their FLETC driving privileges impacted based upon the severity of the citation and the corresponding FLETC 12- Point System penalties will be applied.

(3) Bicycle Traffic Citations.

(a) Bicycle operators may be given written FLETC traffic citations for applicable violations under the FLETC 12-Point System and/or the local and state traffic laws for the state in which a FLETC site is located.

(b) Depending upon the severity of these violations under the 12-Point

System, a bicycle operator may lose his/her privileges to operate a bicycle on a FLETC site.

(4) Warning Traffic Citations. FLETC Security Forces are authorized to issue written warning citations at the discretion of Security Force Officers, Security Force management/supervision, the SEM/PHY, and the FSSOs. The FLETC Security Force will maintain documentation of issued warning citations. A second warning citation may not be issued for a second offense/violation of the same type as a previously issued warning and will result in the applicable traffic citation being issued.

(5) Traffic Citations Appeals Process.

(a) FLETC 12-Point System

1) Traffic citations and violations issued by FLETC Security Forces and FLETC LEOs/Agents may be appealed in the course of due process. Appeals must be presented in writing (FLETC email is sufficient) or in person to the respective FLETC Reviewing Official (the Program Chief, SEM/PHY, for the FLETC/Glynco; and the Field Sites Security Officers for the Field Sites). The respective Reviewing Official will confer with the applicable FLETC Security Force Officer, manager, and/or supervisor; FLETC LEO/Agents;

FLETC and PO class coordinator, etc., as required.

Reviewing Officials may take the following actions, as appropriate:

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i. Uphold the citation/violation and assess the points.

ii. Dismiss the citation/violation.

iii. Downgrade citation/violation to a written warning.

(b) Local and State-issued Traffic Citations and Violations. Traffic citations and violations issued by local LE agencies are not appealable through the FLETC appeals process and must be processed through the applicable court system.

(6) Use of Radar.

(a) FLETC Security Forces are authorized to use radar and radar traffic signs for traffic enforcement and information statistics gathering and trending. Security Force radar operators must be certified in the radar system being used in accordance with the applicable traffic regulations for the state in which the FLETC site is located.

(b) Local LE agencies may use radar for traffic enforcement and information statistics gathering and trending on FLETC sites, upon approval by the FLETC Director.

c. Reporting Vehicle Accidents and Incidents.

(1) Vehicle Accidents.

(a) All operators will report all vehicle accidents, including but not limited to striking moving and unattended motor vehicles, and other approved transportation devices and fixtures legally upon or adjacent to FLETC roads, streets, and common areas.

(b) Operators will immediately report all non-training and training accidents occurring on FLETC sites to the FLETC Security Force. The FLETC Security Force will contact the appropriate local LE agency and other first responders, as applicable.

(c) Operators of vehicles striking an unattended vehicle or device will immediately stop and attempt to locate and notify the owner. If unsuccessful, the driver will leave in writing the name, address, and telephone number of the driver and/or owner striking the fixture in a conspicuous place.

(d) Operators of vehicles and devices striking a fixture will immediately stop and take reasonable steps to locate and notify the owner or person in charge of the property involved in the accident. If unsuccessful operator will leave name, address, and telephone number of the driver and /or owner striking the fixture.

(e) In the event of any accident involving a GOV, or government-owned/ leased/rented vehicle, the operator of the vehicle or other responsible party if the operator is incapacitated, shall follow the applicable notification and accident reporting procedures contained in the FLETC Manual (FM) 70-01.C, Fleet Management Program.

Attachment 28 (Page 21 of 22)

(2) Vehicle Incidents.

Vehicle incidents that occur during training on a closed course while under the direct supervision of a FLETC or PO Instructor, in which there are no injuries to persons and the vehicle is not required to be towed away from the scene of the collision, will be reported as outlined in FM 70-01.C, Fleet Management.

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