PPI-Encl(1)_NAFATSUGIINST 5800.6K.pdf

DEPARTMENT OF THE NAVY

U.S. NAVAL AIR FACILITY ATSUGI

PSC477 BOX9

FPO AP 96306-0001

NAF ATSUGI INSTRUCTION 5800.6K

From: Commanding Officer, U.S. Naval Air Facility Atsugi

Subj: VEHICLE CODE FOR U.S. NAVAL AIR FACILITY ATSUGI

Ref: (a) USFilNST 31-205 (Series)

(b) DoD Instruction 6055.4 (Series)

(c) DTR 4500.9-R PART II

(d) OPNAVINST 11200.5 (Series)

(e) OPNAV M-5100.23

(f) DoDM 4500.36

(g) NA VF AC P-300

(h) NAFATSUGIINST 5200.1 (Series)

(i) DoD 7000.14-R G) OPNAVINST 5350.4 (Series)

(k) OPNAVINST 5102.1 (Series)

Encl: (1) Table of Vehicle Code Articles (Articles 1 through 19)

NAFATSUGIINST 5800.6K

N34 19 August 2025

(2) Vehicle Ownership Responsibility Administrative Remarks for Military Personnel/Civilian Employees/Other Civilians

(3) Civilian Employee Voluntary Repayment Agreement

(4) Abandoned Vehicle Notice, DD Form 2504

(5) Abandoned Vehicle Removal Authorization, DD Form 2505

(6) Vehicle Impoundment Report, DD From 2506

(7) Evidence Custody Document, OPNAV 5580/22

(8) Notice of Vehicle Impoundment, DD Form 2507

(9) Waiver oflnterest/Release, DD From 2507

(10) Abandoned Bicycle Notice, NAFATSUGI Form 5200/1

(11) Abandoned/Impounded Bicycle Tracker

1. Purpose. To established uniform polices, standards, procedures, and regulations for motor vehicle operations, control of traffic, and administrative disposition of traffic offenses.

2. Cancellation. NAFATSUGIINST 5800.61.

3. Background. Analysis of traffic-related accidents reflect that operator error, violations of traffic codes, and personal driving attitudes are the principle contributors to accidents. Comprehensive motor vehicle safety and enforcement programs are required to achieve the best results in reducing these accidents.

4. Action. The U.S. Naval Air Facility (NAF) Atsugi Security and Safety Officers are responsible for development and maintenance of this instruction to be reviewed on an annual basis for revision.

Addressees and tenant units will ensure widest dissemination of, and strict compliance with, the provisions of this instruction.

NAF ATSUGIINST 5800.6K

19 August 2025

5. Applicability. This instruction applies to all individuals who derive their status from the administrative agreement under Article I and XIV of the Status of Forces Agreement (SOFA) with Japan.

This includes members of U.S. Forces, Japan (USFJ); Japan Maritime Self-Defense Force personnel and their family members; civilian components; contractual personnel; and the family members of those military and civilian personnel living in Japan. Hereafter, these personnel will be referred to as "USFJ personnel." Military jurisdiction is not geographically limited, but enforcement of traffic regulations off station will not be undertaken without prior approval of the local areas coordinator concerned. Law enforcement activities off-base will be limited to citation of violations observed and apprehension of individuals driving while under the influence of alcohol or drugs.

6. Records Management. Records created as a result of this instruction, regardless of media and format, must be managed per Secretary of the Navy Manual 5210.1 of September 2019.

7. Review and Effective Date. Per OPNA VIN ST 5215 .17 A, NAF Atsugi will review this instruction annually on the anniversary of its issuance date to ensure applicability, currency, and consistency with Federal, Department of Defense, Secretary of the Navy, and Navy policy and statutory authority using OPNAV 5215/40 Review oflnstruction. This instruction will be in effect for 10 years, unless reissued or cancelled in the interim, and will be reissued by the 10-year anniversary date if it is still required, unless it meets one of the exceptions in OPNA VIN ST 5215 .17 A, paragraph 9. Otherwise, if the instruction is no longer required, it will be processed for cancellation is known following the guidance in OPNA V Manual

5215.1 of May 2016.

8. Forms

a. The form listed as enclosure (7) is available for download via the Flankspeed SharePoint site:

https ://flankspeed.sharepoint-mil. us/ sites/CNI CG lobalHub/ directives/Directives/F orms/CNRJNAF A TSU GIJ A.aspx.

(1) NAFATSUGI Form 5200/1

Releasability and distribution:

This instruction is cleared for public release and is available electronically only via the Flankspeed SharePoint site: https://flankspeed.sharepoint mil.us/sites/CNICGlobalHub/directives/Directives/Forms/CNRJNAF ATSUGIJA.aspx

Tetsuya.Yamada.JA Highlight

Tetsuya.Yamada.JA Highlight

Article

NAFATSUGIINST 5800.6K

19 August 2025

Table of Content

Vehicle Code Articles and Appendix

Title Drunk and Drugged Driving Speed Regulations Traffic Accidents Seat Belts and Child Seats Suspension/Revocation of Driving Privileges Traffic Court Traffic Point and Revocation System Command Traffic Safety Committee Representative Parking, Stopping, and Standing U.S. Government Vehicle Regulations New Driver Education Program Bicycles Skateboards, Scooters, Roller Skates, and In-Line Skates Cellular Phones/Portable Headphones/ Earphones/Other Listening Devices Vehicle Registration Disposition of Abandoned Motor Vehicles/Bicycles Painting, Marking, and Signage Powered Industrial Trucks - Operations on Public Roads Alcohol and Drug Countermeasures Formation Jogging and Running on Roads and Streets

Originator N34 N34 N34 N35 N34 N34 N34 N35 N34 N34 N35 N34 N34 N34

N34 N34 N34 N35 N34 N35

Article 1

DRUNK AND DRUGGED DRIVING

NAF ATSUGIINST 5800.6K

19 August 2025

Attachment 1-1: NOTICE OF TEMPORARY SUSPENSION OF DRIVING PRIVILEGES

Definition: Operating a motor vehicle and bicycle under any impairment of intoxication caused by drugs or alcohol in violation of Article 111 of the Uniform Code of Military Justice (UCMJ) and/or Japanese Law.

1. Detection. Law enforcement personnel normally detect intoxicated driving and/or Driving Under the Influence (DUI) of a drug/intoxicant by seeing unusual, abnormal, erratic, or illegal driver behavior.

Other common ways of detecting drunk drivers are random gate inspections, sobriety checkpoints and on scene traffic accident investigations.

2. Personnel exhibiting such behavior will be stopped immediately to determine the cause of the behavior and/or take appropriate action. When there is a reasonable suspicion that the individual was driving while intoxicated or under the influence, NAF Atsugi Security Department personnel will request the individual to conduct a breath analysis test. An Alcohol Incident Report (DD Form 1920, Drug Report) will be used in examining, interpreting, and recording results of these tests. When there is a reasonable suspicion that the person is under the influence of alcohol or other intoxicants the individual will also be requested to consent to breath and blood test analysis to determine Blood Alcohol Content (BAC) or the existence of any intoxicant.

3. Refusal to submit to testing to determine BAC at the request of law enforcement personnel will result in an automatic suspension of all driving privileges per Article 7 of this instruction.

4. Mandatory Referral for Alcohol/Drug Abuse Evaluation. Active-duty personnel apprehended for drunk driving, on or off the installation, must be screened by the Substance Abuse Rehabilitation Program facility within 14 calendar days of the incident to determine if the individual is dependent on alcohol or other drugs. In the rare case where driving privileges are reinstated in part or whole following an impaired driving incident, the privileges may not be reinstated for Navy personnel to drive on-base unless they have successfully completed the full 36-hour Navy Alcohol and Drug Safety Action Program.

5. BAC Standards

a. As a guideline for administrative revocation of driving privileges and/or taking action against an individual suspected of driving or being in actual physical control of a motor vehicle while under the influence of alcohol or drugs, the amount of alcohol/drugs in the person's blood will give rise to the following presumptions:

(1) Driving or being in actual physical control of a motor vehicle with a BAC of 0.03 percent to

0.079 percent constitutes DUL

(2) Driving or being in actual physical control of a motor vehicle with a BAC of 0.08 percent or higher constitutes "intoxicated driving."

Enclosure ( 1) 1-1

NAFATSUGIINST 5800.6K

Note: Actual physical control is defined as sitting behind the wheel, even if vehicle is not running and the person behind the wheel does have keys to the vehicle in their possession.

(3) Drugs -Testing positive to a controlled substance, prescription medication, over-the-counter medication, or intoxicating substance (other than alcohol) without legal justification or excuse, that includes a use contrary to the directions of the manufacturer or prescribing healthcare provided and use of any intoxicating substance not intended for human ingestion.

b. The adoption of these standards does not preclude the use of other competent evidence on the question of whether the individual was under the influence of intoxicating liquor or was intoxicated.

These standards in no way change the rules of evidence in judicial or non-judicial proceedings under the

UCMJ.

6. License Confiscation and Vehicle Impoundment. When one of the conditions in paragraph 3 and 5 of this article occurs, the driver's vehicle will be immediately impounded and driver's license (USFJ Form 4EJ) confiscated regardless of the location of the intoxicated driving incident. Driving privileges will be immediately suspended using Attachment 1-1 for SOFA personnel and Attachment 1-2 for Non-SOP A personnel pending resolution by the Traffic Court.

7. Revocation of Driving Privileges. Based on competent evidence, driving privileges will be revoked for the mandatory periods described in Article 7 under the following circumstances:

a. The Traffic Court Officer determines that a driver lawfully stopped for suspicion of intoxicated/impaired driving refused to submit to or complete a test to measure the alcohol content in blood, or detect the presence of any other drug, as required by this Traffic Code, the laws of Japan or the law of the jurisdiction where the incident took place.

b. A conviction, non-judicial punishment, or an administrative determination at Traffic Court of intoxicated/impaired driving. Official documentation is required as the basis for revocation. The revocation will be computed from the date the original suspension was imposed.

8. USFJ Facilities Notification. Upon conviction for an intoxicated driving offense at Traffic Court, the Traffic Court Clerk will send notification of the conviction to all USFJ Facilities to ensure an accurate driving report/record of the individual is maintained and enforced.

9. State License Notification. Upon conviction of an intoxicated driving offense (DUI, intoxicated driving, or refusal to implied consent) as defined by this instruction or refusal to submit to a BAC test, notification of the offense will be sent to the state licensing authority where the individual is licensed to operate a vehicle in the United States.

10. Drugged Driving. Suspected cases of DUI of illegal drugs will be treated in a manner similar to that discussed in paragraphs 6 through 8.

11. Loaning Vehicles to Intoxicated Person

a. No person will knowingly lend or otherwise entrust a motor vehicle to a person whom the individual knows is intoxicated or under the influence of alcohol or other substances.

Enclosure (1) 1-2

b. No person will knowingly lend or entrust a motor vehicle to a person who cannot be expected to operate the vehicle in a safe manner due to overwork, fatigue, illness or any other condition of impairment.

12. Passengers in Vehicles Driven by Intoxicated Persons. No person will knowingly ride in a motor vehicle being driven or in actual physical control of whom the individual is intoxicated or under the influence of alcohol or other substances.

13. Medical Considerations

a. If a quantitative chemical breath test of a subject indicates a BAC of 0.25 percent or greater, a second test should be administered after a waiting period of 15 minutes. If the second test indicates the same or increased BAC, the subject will be immediately referred to the installation medical facility.

b. If a quantitative chemical breath test of a subject indicates a BAC of 0.2 percent or more or there is evidence of strong physical impairment, the individual should be referred to medical for an evaluation and treatment as appropriate.

c. If the subject is taken to the installation medical facility because of either a high or low blood alcohol concentration, the results of the chemical breath test must be provided to the attending physician for diagnostic purpose (a low alcohol level in a person that appears to be highly intoxicated may indicate the influence of another drug or hidden medical condition).

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Attachment 1-1: NOTICE OF TEMPORARY SUSPENSION OF DRIVING PRIVILEGES

DDMmmYY

From: Command Duty Officer, U.S. Naval Air Facility Atsugi To:

(Rate, First name, MI. Last Name, Branch, Command)

Subj: NOTICE OF SUSPENSION OF STATUS OF FORCES AGREEMENT DRIVING

PRIVILEGES

Ref: (a) OPNAVINST 11200.5D

(b) COMNAVFORJAPAN/COMNAVREGJAPANINST 5800.9S

(c) NAFATSUGIINST 5800.6K

(d) USFJINST 31-205

1. Per references (a) through (d), you are hereby given notice that your driving privileges are temporarily suspended due to your operation of a motor vehicle under the influence of alcohol. You are hereby unauthorized to operate a motor vehicle in Japan, on or off of U.S. Naval Air Facility (NAF) Atsugi until your driving privileges are restored in writing.

2. Additionally, you have also been issued a traffic citation from the NAF Atsugi Security Department documenting this offense. You have seven days from the date of this notice to contact NAF Atsugi Traffic Court at DSN: 315-264-3200, for a hearing regarding your case. Should you fail to appear in Traffic Court at the prescribed time, your case will be tried in absentia and your driving privileges suspended for a minimum of two years from the date the citation was issued.

3. Active duty personnel must be screened by the Substance Abuse Rehabilitation Program facility within 14 calendar days from the date of this incident for screening.

4. You may contact the Traffic Court Clerk from Monday-Friday between the hours of 0900-1500 at

DSN: 315-264-3200.

I. M. CDO

DDMmmYY

From:

(Rate, First name, MI. Last Name, Branch, Command)

To: Command Duty Officer, U.S. Naval Air Facility Atsugi

1. I acknowledge the contents of this letter.

Signature/Phone Number

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Article 2

SPEED REGULATIONS

NAFATSUGIINST 5800.6K

19 August 2025

1. Basic Speed Regulation. No person, except drivers of emergency vehicles responding to an emergency (lights and sirens), will at any time drive a vehicle at a speed greater than the posted speed limit. This applies to on and off-base driving. Emergency vehicles responding to emergencies on-base with constant use of sirens and red warning lights will at no time exceed 10 (KPH) over the posted speed limit. Drivers of all vehicles (including emergency vehicles) will at all times limit the speed of their vehicles to speeds that are reasonable or prudent, having due regard for weather; visibility; traffic and surface conditions; width of the road; and in no event at a speed that will endanger the safety of persons or property.

2. Specific Speed Limits. The following specific speed limits apply throughout NAF A facilities unless otherwise posted.

a. Main thoroughfares: Halsey Ave., Ranger St., King St., - 40 kph.

b. Family housing areas - 30 kph.

c. School zone - 15 kph.

d. Flight line perimeter - 50 kph.

e. When passing a troop formation, proceed with caution. Normally, personnel in charge will wave traffic past when conditions permit - 10 kph.

f. School buses - While loading and unloading, both directions of traffic will stop until the bus is set back into motion.

g. Construction zones - Follow posted speeds or 10 kph below posted speeds where temporary traffic patterns or road conditions exist or as instructed by traffic control personnel.

3. Off-Base Speed Limits. All drivers will obey the posted or designated speed limits off-base. Personnel cited for speeding by Japanese Police will also be assessed points against their USFJ Form 4EJ (Driver's License).

4. Following Emergency Vehicles. A minimum distance of 300 feet must be maintained when following emergency vehicles which are responding to emergency calls.

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Article 3

TRAFFIC ACCIDENTS

NAF ATSUGIINST 5800.6K

19 August 2025

1. Accident Assistance Information. All SOFA personnel, their family members and members of the civilian component who are licensed vehicles operators per this instruction are required to be acquainted with the Japanese Road Traffic laws. When an accident occurs, often a certain amount of confusion and excitement exists which may cause pertinent abstracts of the law to be forgotten. All parties to an accident should ensure that military police and/or medical personnel are contracted immediately to assist motorists involved in traffic accidents. Licensed vehicles operators and bicyclists are encouraged to:

a. Keep a bilingual listing of emergency telephone numbers along with a list of general assistance numbers in their vehicles at all times. For information, the USFJ Form 4EJ issued by NAFA Driver's License Office is annotated on the back with emergency telephone numbers and bilingual "request for assistance" messages.

b. Get directions to places they desire to travel to before setting out on their trips and to have a road map of the area in which they are traveling.

2. Operators of motor vehicles and bicycles involved in traffic accidents REGARDLESS OF

THE SEVERITY, WILL:

a. Immediately notify NAF A Security Department and the Japanese Police if the accident occurs off base. NAF A Security Department will assist with the Japanese Police notification, so it is important that they will be notified of the accident immediately after it occurs.

b. Immediately notify NAF A Security Department if the accident occurs on base.

c. Exchange names and addresses with the other driver.

d. Exhibit a proper and valid USFJ Form 4EJ driver's license to the other driver and in tum take note of their license.

e. Cooperate with traffic division officials (Japanese and Military) investigating the accident.

f. DO NOT LEA VE THE SCENE OF THE ACCIDENT until the appropriate actions listed above have been completed and after having been released by the NAF A Investigating Officer.

3. Operators involved in an accident which might result in claims for or against the U.S. Government will neither admit responsibility, orally or in writing, nor offer to settle any claim made by any interested persons at the scene of the accident.

4. If involved in a traffic accident with a government vehicle, a SF-91 will be completed by the driver in making an accident report in addition to the steps listed above (Navy Exchange (NEX) Japan District rental vehicles are exempt from this requirement).

5. An individual who operates a motor vehicle with expired registration requirements and/or insurance and becomes involved in a traffic accident will immediately have all driving privileges revoked per Article 7 of this instruction.

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Article 4

SEAT BELTS AND CHILD SEATS

NAFATSUGIINST 5800.6K

19 August 2025

1. All personnel operating or riding in motor vehicles will wear seat belts at all times. Vehicle drivers must ensure that seat belts in the vehicle are in proper working condition and that all passengers are buckled up both on and off the installation. This includes all occupants in taxis and any other public transportation where seat belts are installed. Citations will be issued to the driver of any vehicle for any violation(s) occurring within the vehicle he/she is operating.

2. Child Safety Seats

a. Children 6 years of age or weighing 40 pounds or less, will be placed in an approved Department of Transportation child restraint device. This includes buses and taxis on and off the installation. Parents are highly encouraged to purchase and use their own child restraint seats on public transportation.

b. Children under 2 years of age shall ride in a rear-facing car seat unless the child weighs 40 or more pounds OR is 40 or more inches tall. The child shall be secured in a manner that complies with the height and weight limits specified by the manufacturer of the car seat.

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Article 5

19 August 2025

SUSPENSION/REVOCATION OF DRIVING PRIVILEGES

Attachment 5-1: SAMPLE OF MEMO FOR REINSTATEMENT OF DRIVING PRIVILEGES

1. The privilege of driving privately owned motor vehicles on a military installation or off-base in Japan is subject to either administrative suspension or revocation, for cause, by the NAF A Traffic Court Officer or the NAFA Commanding Officer. In addition, Commanding Officers (COs) and Officers-in-Charge (OIC) have the prerogative to deny driving privileges for cause without regard to point assessment.

Suspension and revocation actions based on the commission of serious traffic violations and/or point assessment for other moving violations are covered in the Traffic Point System articles of this instruction.

The suspension or revocation of installation driving privileges or Privately Owned Vehicle (POV) registrations, for lawful reasons unrelated to traffic violations or safe vehicle operations, is not limited or restricted by this Traffic Code.

a. Suspension. Suspension of driving privileges is the temporary withdrawal by formal action of a person's driving privileges for a specific time frame. Suspension will be for a period not to exceed six months and may extend to driving both privately and government owned vehicles.

(1) In most cases involving the suspension of driving privileges, an individual is afforded the opportunity to appear at Traffic Court prior to suspension action. However, if the individual fails to appear at Traffic Court within the allotted time, suspension will be effective on the date following the hearing.

(2) If suspected of DUI, DWI, or having expired registration or insurance requirements, the operator will immediately surrender his/her driver's license. Their driving privileges will be in a suspended status pending adjudication by Traffic Court.

(3) If a traffic accident is pending legal action with foreign law enforcement, the license will be suspended until that action is complete.

b. Revocation. Revocation of driving privileges is the termination by formal action of a person's driving privilege. Revocation will be for a period of more than six months, and may extend to POV, Government Owned Vehicle (GOV) or both.

c. Restricted Privileges. The Traffic Court Officer, when imposing a suspension or revocation of driving privileges, may authorize restricted driving privileges for POV and GOV. Under this action, the individual's driving privileges would be suspended or revoked except for those minimum privileges that are specified in writing by the Traffic Court Officer. The Traffic Court Officer may not; however, extend restricted privileges to drivers convicted of any DUI or DWI offense or failure to submit to BAC or breathalyzer tests.

d. Probation. In lieu of suspension, a driver may be placed on probation. During the probationary period, he/she will be allowed to continue driving unless, while driving the individual becomes involved in a chargeable mishap or moving violation. Either type of involvement will result in review by the Traffic Court Officer.

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e. Reinstatement. Individuals whose driving privileges have been revoked are required to attend remedial drivers training. All personnel whose license are suspended or revoked will obtain a written endorsement from the CO/OIC before the NAFA Commanding Officer will reinstate at the end of the suspension/revocation period after completing required remedial training. Individuals whose driving privileges have been reinstated from revocation are eligible to initiate licensing process by attending local hazard course followed by a written examination and a road test (See Attachment 5-1 ).

f. Action by other Installations. Suspensions, revocations, and point assessments imposed by other installations will be honored and applied by NAF A in the adjudication of any licensing and Traffic Court actions.

5-2

Attachment 5-1: SAMPLE OF MEMO FOR REINSTATEMENT OF DRIVING PRIVILEGES

DDMmmYY

From: YNl Eye M. Requester, USN To: Commanding Officer, U.S. Naval Air Facility Atsugi Via: (Requester's Command's Name)

Subj: REINSTATEMENT OF DRIVING PRIVILEGES

Ref: NAF A TSUGIINST 5800.6K

Encl: (1) Driving Improvement Program Certificate

(2) Drivers Knowledge Test Results

1. Respectfully request driving privileges to be reinstated. Enclosures (1) and (2) are provided.

E. M. REQUESTER

DDMmmYY

FIRST ENDORSEMENT

From: (Requester's Command's Name) To: Commanding Officer, U.S. Naval Air Facility Atsugi

1. Forwarded, recommending approval.

Signature of Requester's CO/OIC

DDMmmYY

From: Commanding Officer, U.S. Naval Air Facility Atsugi To: YNl Eye M. Requester, USN

1. Per reference (a), your reinstatement of driving privileges is hereby approved/disapproved.

I. M. ICO

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Article 6

TRAFFIC COURT

NAFATSUGIINST 5800.6K

19 August 2025

1. General Discussion. Traffic Court will be held for taking proper and uniform administrative action against all persons who violate the traffic code or any other pertinent traffic directive issued by proper authority.

2. Responsibilities

a. Traffic Court Administrator.

(1) The Traffic Court Administrator, hereafter referred to as the Traffic Court Judge, will be appointed in writing by the NAF A Commanding Officer.

(2) The Traffic Court Judge will adjudicate all contested traffic citations. In cases of proven guilt, revocation, suspension or the awarding of traffic points will be per Article 7 of this instruction.

b. Traffic Court Administrative Clerk.

(1) Assesses points for all uncontested traffic citations per Article 7 of this instruction.

(2) Investigate all contested traffic citations and report findings to the Traffic Court Judge.

(3) Schedule Traffic Court hearings as required for cases involving:

(a) DUI or DWI.

(b) Improper Insurance (Japan Compulsory Insurance (JCI) and/or Liability).

( c) "Hit and Run" traffic accidents.

(d) Unreported accidents.

( e) Contested traffic citations.

(f) Invalid/suspended/revoked driver's license.

(g) Any case the Traffic Court Judge deems necessary for a traffic court appearance.

( 4) Prepare/Issue Traffic Court Summons.

( 5) Prepare and maintain on file all suspension/revocation driving privileges letters for a period of seven years.

( 6) Update the suspended/revoked driving privilege list within the NAF A Defense Biometrics Identification System (DBIDS).

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(7) Notify, in writing, violators' home ofrecord state drivers' licensing bureau of all DUI or DWI violations.

(8) Maintain an up-to-date statistical analysis of base traffic violations to include (at a minimum) the type of offense and command of offenders.

c. Defendants

( 1) Upon receipt of a stamped citation, or traffic court summons, contact NAF A Traffic Court at DSN 264-3200 within 14 days of the citation to contest the citation. Failure to make contact within this time will be considered a plea of no contest and points will be awarded per Article 7 of this instruction.

(2) Bring both (USFJ Form 4EJ) and State/Japanese driver's licenses and all paperwork pertinent to their individual case.

(3) Defendants have the right to appeal the administrative decision by the Traffic Court Judge in writing, to the NAF A Commanding Officer within 14 days from the date the defendant was notified of the suspension or revocation resulting from the Traffic Court hearing. The suspension of revocation will remain in effect pending a final ruling on the request.

( 4) Defendants have the right to counsel or represented by a third party at traffic court at the defendant's expense.

(5) Defendants who appear at Traffic Court will be in the prescribed uniform of the day for military personnel and proper civilian attire for civilian personnel.

3. Suspension and Revocation

a. For SOFA sponsored personnel attached to NAF A or tenant units thereof, the privilege of driving a motorized vehicle is subject to administrative suspension or revocation for cause by the NAF A Commanding Officer.

b. Permanent revocation will be imposed against personnel apprehended while driving on or off the installation while a suspension or revocation of their driving privileges is in effect. Separate disciplinary or administrative action may be initiated on the basis of the traffic offense in addition to this administrative action.

c. A court hearing will be scheduled for any offense or violation requiring revocation action. If the alleged violator does not appear for a hearing, the Traffic Court Administrator may conduct the adjudication on the defendants driving record in absentia.

4. Restricted Driving Privileges.

a. The installation Traffic Court, when imposing a suspension or revocation of the driving privileges based only on point accumulation, may authorize restricted driving privileges. Under this action, the individual's driving privilege would be suspended or revoked except for those minimum requirements, as specified in writing, for driving to and from employment. Should a severe family hardship be involved, the privilege of operating the family vehicle to and from such facilities as the hospital and commissary may be substituted or added. Individuals detected violating restricted privileges are subject to a revocation for an additional two years.

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b. Instead of a suspension, a driver may be placed on probation. During the probation period, he or she would be allowed to continue driving unless he or she is involved in a chargeable driving mishap or moving violation. Either type of involvement will result in immediate suspension of driving privileges.

5. Administrative Due Process.

a. For offenses other than alcohol related driving incidents, suspension or revocation of the installation driving privileges will not become effective until the installation commander or designee notifies the affected person and offers that person an administrative hearing. Suspension or revocation will take place 14 calendar days after written notice is received unless the affected person makes an application for a hearing within this period. Such application will stay the pending suspension or revocation for a period of 14 calendar days. If, due to action by the government, a hearing is not to be held within 14 days, suspension will not take place until such time as the person is granted a hearing and is notified by the base commander or designee.

b. For DUI/DWI, or refusal under implied consent, reliable evidence readily available will be presented promptly to an individual designated by the installation commander for review and authorization for immediate suspension of installation driving privileges. Operators permits seized under these conditions will be released to the Traffic Court Clerk.

6. Reciprocal Government of Japan (GOJ) - U.S. Military Action. The military services recognize the primacy of the GOJ on matters pertaining to privately owned motor vehicle administration and licensing. In support of these activities and the National Highway Safety Program Standards, the following procedures will be followed at the installation command level.

a. The Traffic Court will take appropriate action on reports of moving traffic violations, suspensions, or revocations received from civil authorities.

b. When civil authorities suspend or revoke an individual's driver's license, their driving privilege are automatically terminated.

c. Administrative actions for conviction of moving traffic violations committed off the installation will not normally be less than required for similar offenses committed on the installation. The installation Traffic Court Judge, when notified of civil action, will suspend or revoke the individual's U.S.

Government Motor Vehicle Operator's Identification Card (OF 346) and Operator's Permit for a Civilian Vehicle (USFJ Form 4EJ).

d. Notification of administrative actions for off-base violations will be made to the violator in writing and assessed traffic points per Article 7 of this instruction. These citations will remain in effect unless an appeal is presented to and granted by the GOJ and delivered to the NAF A Traffic Court Clerk for removal.

e. The registered owner will be held accountable for all traffic citations issued by Japanese officials, regardless of who the operator of their vehicle may have been at the time the citation was issued. This includes citations that were dismissed as a result of the issuance of an Official Duty Certificate.

7. Re-instatement of driving privileges.

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a. A remedial driver-training program is required for:

19 August 2025

(1) Individuals who have been involved in a Navy GOV mishap whether on or off base.

(2) Individuals driving GOV or POV who have been convicted of serious moving traffic violations (e.g., reckless driving, DUI, DWI, Fleeing the scene, hit and run, etc.) or who have an excessive accumulation of traffic points or traffic accidents.

b. Individuals must provide a written endorsement from their CO/OIC before the NAF A Commanding Officer will reinstate driving privileges.

8. Disposition of driving records.

a. Individuals will check out with NAF A Traffic Court prior to Permanent Change of Station

(PCS) or transfer in order to have their traffic record forwarded to their new duty station.

b. Removal of points does not authorize removal of driving record entries for moving violations, chargeable accidents, suspensions, or revocations. Record entries will remain posted for the period of time indicated below.

(1) Chargeable nonfatal traffic accidents or moving violations - three years.

(2) Nonmandatory suspensions or revocations - five years.

(3) Mandatory revocations - seven years.

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Article 7

19 August 2025

TRAFFIC POINT AND REVOCATION SYSTEM

1. Purpose. The traffic point system is an impartial and uniform administrative device for evaluating driver performance. The use of this system is not to be construed as a disciplinary measure of substitute for punitive action. It also does not bar further administrative action or disciplinary action under the

UCMJ.

2. Application. The use of the point system and procedures prescribed are mandatory and are not subject to modification or alteration. Points will be assessed in instances where the individual has been found to have committed a violation of the Traffic Code by the Traffic Court Judge. The Traffic Court Judge will assess individual points for violations committed and adjudicated by the Japanese civil authorities.

Commission of an offense off-base will be treated similarly to the equivalent offense if committed on base. When imposing a suspension or revocation because of an off-installation offense, the effective date of the suspension will be the date imposed by the Traffic Court Judge.

3. Procedures. Upon receipt of a traffic ticket or other report of a Traffic Code violation, the Traffic Court Judge will conduct a hearing to determine the validity of the reported violation. Normally, the entire process from issuance of the traffic citation to adjudication by the Traffic Court will take no more than 30 days to be completed. The following procedures will be adhered to by the Traffic Court Judge:

a. Citations and violations of the Traffic Code for personnel attached to activities not under the area of responsibility of the NAP A Commanding Officer will be forwarded to the cognizant installation commander for adjudication. Copies of all tickets forwarded to installation commanders will also be sent to the cited individual's command for their information.

b. Master Labor Contract (MLC) and Indirect Hire Agreement (IHA) personnel will be issued traffic citations (DD 1408) when they are observed violating Traffic Code regulations, and violators will be required to appear at Traffic Court using the same process noted in Article 6 of this Traffic Code instruction.

Note: Points will be assessed per Article 7 for violations they are found guilty of committing. Records will be maintained by the NAP A Security Department's Traffic Clerk to identify and track points assessed for MLC and IHA personnel. Any MLC or IHA employee is subject to the same suspension and/or revocation action as SOP A personnel. Since points cannot be assessed against their Japanese license, points will be assessed against their privilege of POV and GOV driving on-base and GOV driving off-base. If the MLC or IHA employee also possesses a USFJ Form 4EJ, then points will be assessed based on the type of violations found guilty of committing.

c. Violations of the Traffic Code committed by employees of off-base taxi companies authorized to enter NAPA will be assessed against the taxi company of violators as a whole. For example, if two separate employees of the same taxi company receive six points each in a consecutive 12 month period, the privilege of all drivers of the taxi company in violation will be suspended or revoked for the period specified in Article 7 of this instruction.

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d. No points are assessed for revocation or suspension actions. Except for implied consent violations, revocations must be based on a conviction by a civil court or courts-martial, non-judicial punishment under Article 15, UCMJ or a separate hearing as addressed in this regulation. If revocation for implied consent is combined with another revocation, such as two years for driving while intoxicated, revocations will run consecutively.

e. When two or more violations are committed on a single occasion, the points assessed will be for the offense having the greater value.

f. Nothing in this instruction will be construed to limit the authority of the Traffic Court Judge to assess penalties that are necessary, appropriate, and commensurate with the severity of the offense(s) or risk to the general population. Likewise, nothing in this instruction will be construed to limit the right of the installation commander to revoke any driving privilege for probable cause.

g. Any violation points in an active school and/or construction zone will be doubled.

h. If a defendant fails to appear before the Traffic Court, the Traffic Court Judge will award the Mandatory penalties in paragraphs 6 through 11.

i. Any person found at fault for a traffic accident is mandated to appear at Traffic Court. Failure to appear may result in suspension of driving privileges.

4. Remedial Driver Training. NAF A Safety Department conducts an approved 8 hours classroom driver improvement program course. The course is mandatory within 90 days for drivers found guilty of causing an accident in a government vehicle, committing a serious moving violation or being designated as a problem driver through the accumulation of excessive points within a limited period of time (see paragraph 5).

5. Accumulation of Points. Accumulation of 12 points within 12 consecutive months or 18 points within 24 consecutive months will result in revocation of driving privileges for a minimum of one year. The period ofrevocation imposed will be based on a person's overall driving record and take into consideration the frequency, flagrancy, severity of moving violations, and the response to previous driver improvement measures. In all cases, all drivers must successfully complete the driver improvement program offered by the NAF A Safety Department before issuance or reinstatement of any driving privileges.

6. Violations resulting in MANDATORY revocation of driving privileges upon conviction or determination of the facts by NAF A Commanding Officer:

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Manslaughter ( or negligent homicide by vehicle) resulting from the operation of a vehicle; Any violation of Articles 208 through 211 of the Permanent revocation Japan Criminal Code.

Perjury or making a false statement or affidavit under oath to responsible officials relating to the ownership, status or registration or operation of One year revocation motor vehicles.

Driving or being in actual physical control of a motor vehicle while under the influence of any narcotic or drug, or while intoxicated with a BAC of Permanent revocation

0.08 percent or more (DWI).

Driving or being in actual physical control of a motor vehicle while under the influence or while intoxicated with a BAC of 0.03 to 0.079 percent Three year revocation

(DUI).

Permitting an unlawful or fraudulent use of an official driver's license. One year revocation Fleeing the scene of an accident involving death or personal injury (hit and Permanent revocation run).

Refusal to submit to or complete a chemical breath test (implied consent). Three years revocation Use of a motor vehicle in the commission of a felony. Permanent revocation Unauthorized use of a motor vehicle belonging to another ( e.g., borrowing a vehicle without registered owners written permission ( only required when the owner is not in the local area, e.g. Temporary Assigned Duty (fAD)) One year revocation when the act does not amount to a felony.

Receiving a second one-year suspension within 36 consecutive months. Permanent revocation Fleeing or attempting to elude a police officer. Permanent revocation Mental or physical impairment (not including alcohol or other drug use) to Permanent revocation the degree rendered incompetent to drive.

Racing (sole or multiple participants). Two years revocation Commission of an offense in the U. S. territories and possessions which if committed on the installation would be grounds for suspension or Suspension or revocation. revocation Failure to complete vehicle registration requirements within 30 days. Suspension until paperwork completed Alcoholic beverage with broken seal in the vehicle (unless in vehicle's Up to 90 days trunk). suspension Operating or being in actual physical control of a motor vehicle under the influence of a drug or medication that the person is legally allowed to take (i.e., properly prescribed or over-the-counter medicines), to the degree Revocation up to one rendered incapable of safe vehicle operation, or when they have been told Year not to operate a motor vehicle or heavy machinery while taking the medication.

Operating a motor vehicle without a valid license for that type of vehicle. Revocation up to one ( or driving without license) year Expired motor vehicle registration requirements while vehicle is parked in Up to 90 days long term parking during an underway period. suspension Operating a motor vehicle with expired or without registration Vehicle impoundment requirements. (i.e. driver's license, insurance, inspections, and suspension up to six registrations) months.

Operating a motor vehicle with expired or without registration Vehicle impoundment requirements. (i.e. driver's license, insurance, inspections, and suspension for 12 registrations) involved in a traffic accident months.

Failure to attend mandatory driver improvement program training within 90 Suspension until days of citation. required training is completed Reckless driving/Road Rage/Aggressive Tailgating (willful and wanton Two year revocation disregard for the safety of persons or property).

Knowingly permitting an intoxicated or impaired person to operate a motor One year revocation vehicle.

Passenger in/on a motor vehicle while driver is intoxicated or impaired. One year revocation Exceeding posted speed limits by greater than 30 kph. One year revocation Owner permitting an individual who does not possess a valid One year revocation USFJ driver's license to operate the owner's vehicle.

Operating a motor vehicle while driving privileges are under suspension or Permanent revocation revocation.

Fleeing the scene (Hit and run)/Failure to report an accident within 72 hours Six months suspension resulting in property damage.

Leaving a child or pet unattended in vehicle causing injury or Two years permanent death. revocation

7. Violations resulting in point assessment:

Failure to carry drivers permit while operating a motor vehicle. 2 Points Failure to stop for school bus or school crossing signals. 4 Points Failure to yield right-of-way to an emergency vehicle. 4 Points Speed too fast for conditions. 2 Points Speed too slowly for conditions, causing potential safety hazard. 2 Points Exceeding posted speed (including Japanese Police citations off-base). 3 Points 01-10 mph 01-15 kph 4 Points 11-15 mph 16-25 kph 5 Points 16-20 mph 26-30 kph Failure to obey traffic signals or traffic instructi9ns of an enforcement officer; or any official regulatory traffic sign or device requiring a full 4 Points stop or yield right-of-way, denying entry or requiring direction of traffic.

Failure to yield right-of-way (no official sign). 4 Points Improper turning movements (no official sign). 3 Points Following too close. 4 Points Improper passing. 4 Points Driver involved in accident is deemed responsible (added to points 3 Point assessed for specific offenses) Leaving a child or pet unattended in vehicle not causing injury or death. 6 Points Failure to keep Vehicle Registration Office (VRO) registration 2 Points information current.

Making illegal turns (including u-turns). 3 Points Failure of operator or occupants to use available restraint devices (seat belts, child restraint seat) while moving (points assessed against 4 Points operator).

Wearing headphones/earphones/earbuds or using a cell phone while 6 Points driving motor vehicles.

Over-occupancy. Too many people inside vehicle for the number of 3 Points functioning seatbelts. (Points assessed against operator)

Improper loading of vehicle resulting in unsafe conditions Operating an unsafe vehicle. This measure should be used for other than minor vehicle safety defects (for example, a burned out headlight not

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2 Points

2 Points replaced within the grace period (seven days) on a warning ticket, illegal tinting, etc.).

Unauthorized modifications or alterations to vehicle. 4 Points Improper overtaking. 3 Points

8. Two or three wheel vehicle Specific Violations resulting in point assessment and other penalties:

Four or more moving violations within a two month period. Six months suspension "Showing Off" or grandstanding in any manner. Six months suspension Failure to wear required personal protective equipment (PPB) while 3 Points operating/riding a motorcycle, moped, or a three or four wheeled vehicle powered by a motorcycle-like engine.

Improper passing of other vehicle in same lane; weaving in and out of 4 Points traffic.

Carrying items so as to interfere with safe control. 3 Points Riding two or more abreast in same lane. 4 Points

9. Illegal Parking (including Japanese Police Citations Received off-base):

I Illegal Parking 2 Points

10. Loud Stereos, Exhausts, and Screeching of Tires.

a. No driver of a vehicle in motion will operate or permit the operation of, any sound amplification system which can be heard from inside a vehicle that is behind or in front of the vehicle playing the music.

b. Any excessive, unusual, loud, or disturbing noise made by any motor vehicle and not reasonably necessary in its operation under the circumstances is prohibited. Such noise will include but not be limited to noise caused by substituting original mufflers and/or exhaust systems with after-market products that increase the decibel level over original manufactured levels; screeching of tires; racing, gunning or accelerating the engine; backfiring the engine and exhaust from the engine tail pipe or muffler.

Excessive Noise - Sound Amplification System 4 Points Excessive Noise - Exhaust/Muffler System 4 Points Squealing Tires - Breaking Traction 4 Points

11. Non-motorized transportation violations. The following points will be assessed against the individual's driver's license (USFJ Form 4EJ). If the violation is committed by juveniles or personnel without a driver's license points will be assessed against the sponsor's driver's license or forwarded to NAP A legal for administrative action in cases where the sponsor has no license.

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Riding bikes against the flow of traffic ( except in designated bike lanes) Riding a bicycle in no-riding zones at installation gates and crosswalks Passengers on bicycles ( except for a child in an approved child carrier w/helmet) Failure to use hand signals while turning Riding two or more abreast except while passing Failure to use lights between dusk and dawn Using a cell phone while riding Not wearing an approved helmet Helmet not properly worn Illegal parking Unregistered bicycles Missing light, back reflector, horn and/or bell Jaywalking Skateboarding on unauthorized areas ( streets, parking lots, buildings, NEX, Commissary, etc.)

Wearing of headphones while in motion

12. Registered Owner Responsibility.

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2 Points 2 Points 2 Points

2 Points 2 Points 2 Points 2 Points 2 Points 2 Points 2 Points

Impounded 2 Points 2 Points 2 Points

2 Points

a. If the owner permits an individual to perform an act which will lead to a violation of this traffic code, the owner may be assessed the same administrative penalties as the offender to include traffic points and suspension or revocation of driving privileges.

b. In those cases where a vehicle is observed committing a violation of the vehicle code, but the driver of the vehicle cannot be positively identified, the registered owner of the vehicle will be held accountable for the offense and will be assessed points and suspension or revocation of driving privileges normally associated with the offense committed.

c. Personnel, to include juveniles, found to be riding bicycles, skateboards, scooters, etc., without a properly secured helmet will have their mode of transportation confiscated and stored at the NAP A Security Department Headquarters, Bldg. 1342. Sponsors of juveniles can call 264-3200 to schedule pick up at which point sponsors will be assessed points under paragraph 11.

Enclosure (I) 7-6

Article 8

COMMAND TRAFFIC SAFETY COMMITTEE REPRESENTATIVE

1. Policy: In an effort to coordinate, manage, and provide resources to each tenant unit under NAF A and maintain an effective overall traffic safety program for the…