Attachment_J.9_NSA_PC_FL_INST_5560.2D_TRAFFIC_SAFETY_REGS.pdf

DEPARTMENT OF THE NAVY

NAVAL SUPPORT ACTIVITY PANAMA CITY

101 VERNON AVENUE

PANAMA CITY BEACH, FL 32407-7018

IN REPLY REFER TO:

NSAPCFLINST 5560.2D

N3AT

14 Aug 13

NAVAL SUPPORT ACTIVITY PANAMA CITY FL INSTRUCTION 5560.2D

From: Commanding Officer, Naval Support Activity Panama City

Subj: NAVAL SUPPORT ACTIVITY PANAMA CITY (NSA PC)

TRAFFIC/SAFETY REGULATIONS

Ref: (a) OPNAVINST 11200.5 (Series)

(b) OPNAVINST 5560.10 (Series)

(c) OPNAVINST 5350.4 (Series)

(d) SECNAVINST 5822.1 (Series)

(e) OPNAVINST 5100.12 (Series)

(f) NSAPCINST 5560.3 (Series)

(g) DOD 4160.21 (Series)

Encl:

(h) SECNAVINST 1740.2 (Series)

(i) Code of Federal Regulations

(j) CNRSEINST 1020.1 (Series)

(k) OPNAVINST 6110.1 (Series)

(1) Department of Transportation - Federal Motor Vehicle

Safety Standards (FMVSS), Standard No. 208 (Occupant Crash Protection), Standard No. 209 (Seat Belt Assemblies, and Standard No. 210 (Seat Belt Assembly

(m)

(n) ( 0)

(p)

( 1) ( 2)

Anchorages) Florida Criminal Law and Motor Vehicle Handbook, Florida State Statutes

DODI 6055.04

NSAPCFLINST 10570.l (Series) NSAPCFLINST 5565.1 (Series)

NSA PC Motor Vehicle Code Non-Government Vehicle Registration

1. Purpose. Per references (a) through (o), this regulation sets policy, responsibilities, and procedures for motor vehicle traffic, pedestrian traffic and parking violation management on this installation. This includes but is not limited to the following:

a. Granting, suspending, or revoking the privilege to operate a privately owned vehicle (POV).

b. Registration of POVs.

NSAPCFLINST 5560.2D

14 Aug 13

c. Administration of vehicle registration and driver performance records.

d. Driver improvement programs.

e. Police traffic supervision.

f. Off-installation traffic activities.

g. Traffic Safety

2. Cancellation. NSA PC Instruction 5560.2C. This instruction has been completely revised and should be read in its entirety.

3. Applicability. This instruction applies to all personnel and vehicles while on NSA PC. It also applies to military and on duty civilian employees operating a government vehicle off

NSA PC.

4. Background. This regulation covers motor vehicle traffic supervision. It outlines policy on vehicle registration;

permits involuntary extraction of blood under revised Military Rules of Evidence in traffic accident cases where intoxicated driving is suspected; provides policy on towing, storing, and impounding vehicles; adopts the National Highway Traffic Safety Administration technical standards for breathalyzer equipment;

establishes traffic points for seat belt and child restraint device violations; parking violations and requires that new safety requirements be included in the installation traffic code.

5. Violation

a. Violation of this instruction's provisions by military personnel may be punishable under the Uniform Code of Military Justice. Violation of this instruction's provisions by civilian employees may subject them to disciplinary action or administrative action per applicable civilian personnel instructions.

b. When military or civilian personnel are injured as a result of their violation of this instruction, such violations may be considered in determining compensation to which the individual may be entitled as a result of the injuries incurred.

c. For military personnel it is the responsibility of the senior occupant or rider of the vehicle to ensure compliance by all passengers with these requirements. For civilian personnel it is the responsibility of the driver of the vehicle to ensure compliance by all passengers with these requirements.

6. Definition

The terms "shall" and "must" when used in this directive indicate mandatory compliance. "Will" indicates futurity of actions to be taken. "Should," "may," and "can" are used to denote actions that are recommended but are not mandatory.

7. Action. Commanding Officers and Officers-in-Charge of all tenant, component, and associated activities of NSA Panama City will ensure the procedures described in enclosure (1) are widely disseminated to all personnel.

Distribution:

NSAPCFLINST 5219.lC (Lists I-IV)

Chapter I - General Provisions

14 Aug 13

101 Definitions ............................................. 1-1 102 Scope and Effect ........................................ 1-5

Chapter II - Motor Vehicle Registration

201 Vehicle Registration ................................... 2-1 202 Abandoned Vehicles ...................................... 2-2 203 Rental Vehicles ......................................... 2-3

Chapter III - NSA PC Driving Privileges

301 Driver's License Required ............................... 3-1 302 Minimum Age to Operate a Motor Vehicle .................. 3-1 303 Driving While License is Suspended or Revoked, DWLSR .... 3-2 304 Implied Consent Testing for Blood Alcohol Content ....... 3-2 305 Advice to Driver ........................................ 3-2 306 Refusal to Submit to Implied Consent Testing ............ 3-2 307 Involuntary extraction of bodily fluids in traffic cases 3-3 308 Search and Seizure ...................................... 3-3

Chapter IV - NSA PC Traffic Control Regulations

401 Obedience to NSA PC NSF, personnel ...................... 4-1 402 Emergency Vehicles ...................................... 4-1 403 Approaching, Overtaking, or Passing ..................... 4-1 404 Following Too Closely ................................... 4-2 405 Intersections ........................................... 4-2 406 Turns ................................................... 4-3 407 Backing ................................................. 4-3 408 NSA PC Speed Limits: Reasonable and Prudent Speed ....... 4-3 409 Reduced Speed Zones ..................................... 4-4 410 Racing and Speed Contests ............................... 4-4 411 Reckless Driving ........................................ 4-4 412 Intoxicants: Transporting and Consuming Alcoholic

Beverages and Driving Under the Influence (DUI) ......... 4-4 413 Unattended Vehicle ...................................... 4-5 414 Littering ............................................... 4-5 415 Loaded Vehicles ......................................... 4-5 416 Passengers .............................................. 4-5 i

417 Safety Belts and Restraints ............................. 4-6 418 Towing .................................................. 4-7 419 Distractions ............................................ 4-8 420 Bicycles ................................................ 4-8 421 Motorcycles ............................................. 4-9 422 Persons Riding Animals ................................. 4-13 423 Pedestrians ............................................ 4-13 424 Accident Reports ....................................... 4-16 425 Driving Through Base Housing Areas ..................... 4-16 426 Helo-Pad Vehicle Operations ............................ 4-16 427 Failure to Obey Traffic Signals ........................ 4-17 428 Crossing fire hose ..................................... 4-17 429 Confrontational Violator ............................... 4-17 430 Headlights and Daytime Running Lights (DRLs) ........... 4-17 431 Headlights ............................................. 4-17 432 Offensive Bumper Stickers .............................. 4-17 433 Radar Detection Devices ............................... 4-18 434 Use of due care when entering NSA PC gate ............ 4-18 435 Use of Industrial equipment on the roadways ........... 4-18

Chapter V - Violations and Points Assessment

501 Administrative Procedures .............................. 5-1 502 Points Assessment Discussion ........................... 5-1 503 Points Assessment Schedule ............................. 5-2

Chapter VI - Driving Records

601 Driving Records ......................................... 6-1 602 Other Military Installations and Civilian

Jurisdictions Incidents .................................. 6-1

Chapter VII - Remedial Driver Education

701 Remedial Driver Safety Course ........................... 7-1 702 Alcohol Safety Remedial Course ......................... 7-1 703 Failure to Comply with Directed Remedial Education ...... 7-2

Chapter VIII - Revocation and Suspension of Driving Privileges

801 Revocation for Accumulation of Points ................... 8-1 802 Mandatory Revocation for Serious Violations ............. 8-1 803 Discretionary Suspension of Driving Privileges for

Certain Offenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2 804 Notification and Execution 8-2 ii

805 Appeals of Revocations and Suspensions of Driver's License or Traffic Violations .................................... 8-3

806 Restricted Driving Privileges ........................... 8-3

Chapter IX - Parking

901 Illegal Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 902 Reserved Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 903 Parking in Handicap Parking ............................. 9-1 904 Parking on the Grass .................................... 9-1 905 Parking in Housing ...................................... 9-1 906 Parking in Fire Lanes ................................... 9-1 907 Parking in no parking areas ............................. 9-1 908 Parking in Right-of -Way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 909 Parking in an intersection .............................. 9-2 910 No parking adjacent to a red/yellow curb or

FPCON barriers .......................................... 9-2 911 Parking habitual offender ............................... 9-2 912 Parking in VRC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2

Chapter X - NSA PC Traffic Court

1001 NSA PC Traffic Court .................................. 10-1 1002 Evidence .............................................. 10-2 1003 Mandatory Court Appearance ............................ 10-2

Chapter XI - Administration of Traffic Regulations

1101 Organization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1 iii

NAVAL SUPPORT ACTIVITY PANAMA CITY

(NSA PC)

MOTOR VEHICLE CODE

Enclosure (1)

CHAPTER I

GENERAL PROVISIONS

101. Definitions.

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14 Aug 13

a. General Rule of Interpretation. The provisions of the NSA PC Motor Vehicle Code shall be interpreted in a manner that best protects public safety and provides for the efficient administration and enforcement of these regulations. Except where specifically defined to the contrary, the following definitions shall apply to this instruction.

b. Abandoned Motor Vehicle. For purposes of this code a private motor vehicle shall be considered to be abandoned when:

(1) it possesses an expired registration and has been observed not to have been moved for at least 10 days; or (2) it possesses a current registration and has been observed not to have been moved for at least 30 days; or (3) regardless of registration status, it is located in an area not customarily used for parking private motor vehicles, has been observed not to have been moved for at least 72 hours, and reasonable efforts by police personnel have been made to locate the registered owner of the vehicle. Once determined abandoned, the vehicle will be towed at the owner's expense. The Visitor Reception Center (VRC) parking lot is for VRC customers only. Violators are subject to being towed at owner's expense, without regard to the 72 hour waiting period.

c. Conviction. The term "conviction" includes any guilty verdict, adjudication of guilt withheld, finding, or determination of guilt by court-martial or civilian court; any imposition of non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) ; any finding by a Traffic Magistrate Court that a provision of this code has been violated; and any "no contest" plea entered upon the issuance of a citation.

d. Government Motor Vehicle (GMV). A motor vehicle that is owned, leased (includes General Services Administration vehicle under control of Navy activities), or rented by the government (includes a vehicle rented by government personnel when authorized on their official travel orders) primarily designed for over-the-road operations; and whose general purpose is the transportation of cargo or personnel. Examples of GMVs are passenger cars, station wagons, vans, ambulances, buses, motorcycles, trucks, and tractor-trailers. A trailer being

1-1 towed by a GMV is considered part of the vehicle. Included in this definition are government-owned wheeled tactical and combat vehicles. All operators shall perform a vehicle pre-check of safety features such as working turn signals, head lights, brake lights, horn, and windshield wipers and fluid prior to operation. Operators shall ensure a Standard Form 91 (SF-91) Motor Vehicle Accident report is located in the vehicle, either in the glove box, overhead visor, or door panel, should the operator be involved in a accident with another motor vehicle or facility. Vehicles on receipt to, and operated by, non-DoD persons or agencies and activities such as the U.S. Postal Service or the American Red Cross are not GMVs.

e. Hands Free Devices. A device that allows the use of a cellular phone while operating a motor vehicle, that does not require the user to remove his/her hands from the steering wheel to send or to receive calls or messages. The uses of in-the-ear or over-the-ear Bluetooth phone devices are not authorized. The wearing of any portable headphones, earphones, or other listening device (not including medically prescribed hearing aids or devices designed and required for hearing protection in designated areas where hearing protection is required) while operating a motor vehicle is prohibited. Devices that block the ear canal are not authorized while operating a motor vehicle.

This includes music devices, phones, or wireless devices of any type.

f. License-Issuing Jurisdiction. Any country, or any province, state, or territory thereof, that issues driver licenses. For purposes of this instruction, licenses and permits issued by NSA PC are issued by a license-issuing jurisdiction. Tenant commands and activities, government contractors, and concessionaires on NSA PC are not license issuing jurisdictions.

g. Motor Vehicles. Any transportation device with a motor powered by fossil fuels, electricity, or other external sources or energy, except devices moved by human power or used exclusively on stationary rails or tracks. For the purpose of this instruction, Low Speed Vehicles, neighborhood electric vehicles, mopeds, and scooters are considered motor vehicles when operated on the highways.

h. Two and Three Wheeled Vehicles.

(1) Two and three wheeled vehicles (SOcc engine or larger) . Any government or privately owned motor vehicle (SOcc

1-2 engine or larger) having operator and designed to contact with the ground.

motor scooters, but does

NSAPCFLINST 5560.2D

14 Aug 13 a seat or saddle for the use of its travel on not more than three wheels in This includes motorcycles, mopeds and not include all terrain vehicles.

(2) Two and three wheeled vehicles (49cc engine or smaller) . Gas or electric powered vehicles (49cc engine or smaller) such as mopeds and scooters, may operate on NSA PC as long as the driver and passenger are wearing the personal protective equipment (PPE) for a motorcycle but may not be operated on NSA PC sidewalks. Gas or electric powered vehicles such as pocket bikes, pocket rockets, Segways, and other similar types of vehicles (49cc engine or smaller) may not be operated on NSA PC roadways or sidewalks. This does not include bicycles.

i. Naval Security Force (NSF). NSF consists of a combination of military and civilian personnel performing Law Enforcement, Physical Security, or Anti-terrorist functions on NSA PC for the Installation Security Director who reports to the NSA PC Commanding Officer (CO) and coordinates with the Regional Security Officer. The NSA PC NSF includes Master-at-Arms, Department of the Navy (DoN) Police Officers (GS-0083), DoN Security Guards (GS-0085), Security Specialists (GS-0080), Auxiliary Security Force, and Navy Reservists.

j. Off-Road Vehicles and Golf Carts. Vehicles commonly used on NSA PC but are not street legal on civilian roadways.

Examples are Kawasaki "mules", John Deere "gators", and electric golf carts. These vehicles will be equipped with proper brake lights, windshield, headlights, turn signals, side view mirrors, and seat belts. Operators must possess a valid driver's license and follow all existing traffic rules that apply to other motor vehicles operated on NSA PC roadways. This instruction does not include lawn care equipment under 20 horsepower. The use of privately owned off-road vehicles or golf carts on NSA PC for government or private use is not authorized. All authorized off-road vehicles and golf carts will have a license plate attached to the rear of the vehicle or vehicle identification markings (stencil) visible by vehicles behind it. Plate and/or markings will be provided by the department operating the vehicle, at their expense. The plate and/or markings can either be purchased commercially, or locally manufactured in a professional manner from plastic or metal. It must bear the following information:

(1) Command, code and/or department.

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(2) If a plate is used, it must meet the size requirements of a standard license plate which is 12" x 6".

(3) Stenciling or lettering will be in block letters that are at least 1-1/2 inches in size.

h. Use of Cellular Phones, Personal Digital Assistants (PDAs), or Smartphones. Cellular phones, PDAs or Smartphones shall only be used while the vehicle is safely parked. The use of mobile devices to send text messages or transmit phone calls while operating a motor vehicle is not authorized onboard the installation unless operated by a hands free device as defined above, see lOle. Cellular phones, PDAs, and Smartphones shall not to be operated while driving a government motor vehicle either on or off-base, or a privately owned motor vehicle on base.

i. Private Motor Vehicles (PMV). Vehicles owned, leased, rented or controlled by individuals in their personal capacities. A trailer being towed by a PMV is considered part of the vehicle, even if it becomes detached.

j. Valid Driver License. A driver license issued by a license-issuing jurisdiction, including licenses issued by the U.S. Government which is not currently suspended or revoked. A driver license, which appears on its face to be expired, is nonetheless a valid driver license for purposes of this instruction if the issuing jurisdiction is a state or territory of the United States that automatically extends or renews driver licenses for military residents located outside the jurisdiction on the expiration date, but only to the extent and for the period that the issuing jurisdiction extends or renews such licenses.

k. Intoxicated driving. Includes one or more of the following:

(1) Driving, operating, or being in actual physical control of a motor vehicle under any intoxication caused by alcohol or drugs in violation of UCMJ, Article 111 or a similar law of the jurisdiction in which the vehicle is being operated.

(2) Driving, operating, or being in actual physical control of a motor vehicle with a Blood Alcohol Content (BAC) of

0.08 or higher on a military installation or in an area where traffic operations are under military supervision.

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(3) Driving, operating, or being in actual physical control of a motor vehicle with a BAC of 0.08 or higher in violation of the law of the jurisdiction in which the vehicle is being operated.

(4) Driving, operating, or being in actual physical control of a motor vehicle with a BAC of 0.05 but less than 0.08 in violation of the law of the jurisdiction in which the vehicle is being operated if the jurisdiction imposes a suspension or revocation solely on the basis of the BAC level.

102. Scope and Effect

a. All military personnel assigned or attached to and while on NSA PC at all times, and while in a duty status off NSA

PC.

b. All civilian personnel in a duty status, on NSA PC who are assigned or attached to the installation.

c. All personnel on NSA PC in/on any motor vehicle/bicycle.

d. All pedestrians on NSA PC.

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CHAPTER II

MOTOR VEHICLE REGISTRATION

NSAPCFLINST 5560.2D

14 Aug 13

201. Vehicle Registration. Per reference (a) it is no longer a requirement to issue the DD Form 2220 decal. All privately owned vehicles (POVs) must continue to be licensed, registered, inspected, and insured per federal, state, and local laws.

Additionally, all privately owned vehicles of personnel permanently assigned (active duty, civilian, contractor) to the installation will be registered in Consolidated Law Enforcement Operations Center (CLEOC) at the Visitor Reception Center during in-processing, and will be removed from CLEOC during out processing due to PCS, or otherwise leaving the command.

a. Personnel who are visiting NSA PC for one day will be required to show a valid State driver's license, valid registration, and current proof of insurance before their activity paper pass can be issued. Additionally personnel whose visit to NSA PC will be two days or more are required to register their vehicle using the NON-Government Vehicle Registration form; see enclosure (2) . The NON-Government Vehicle Registration form will then be used to register the visitor's vehicle into CLEOC.

b. Verification of motorcycle safety training, barment control, enforcement of state licensing, registration, insurance, and safety requirements will be enforced through Random Antiterrorism Measures. These enforcement and verification checks will be conducted to ensure privately owned vehicles operating on NSA PC are in compliance with the State of Florida vehicle registration requirements. Navy Security Forces will check for a valid driver license, vehicle registration, and current insurance. Checks will also be conducted with operators of motorcycles to ensure required motorcycle education requirements have been met.

c. All personnel registering their vehicle shall be vetted per the Sex Offender Registration and Notification Act.

The website http://www.nsopr.gov will be used to determine whether a person is a registered sex offender. Registered sex offenders will be denied vehicle registration and reported through the chain of command to the REGCOM and regional Staff Judge Advocate.

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202. Abandoned Vehicles

14 Aug 13

a. Impoundment. Per reference (a), the Security Director will impound all abandoned vehicles on NSA PC, as defined in paragraph lOla of this instruction. Upon impounding an abandoned vehicle, the Security Director will have the contents of the vehicle inventoried and stored in a reasonably secure place.

(1) Procedure When Owner is Known

(a) Notification of Owner. If the registered owner of the vehicle can be determined, the Security Director shall notify the owner of the vehicle's impoundment by certified mail to the owner's last known address with a copy sent to the owner's last known sponsor, command, or employer on NSA PC.

(b) Disposition. The abandoned vehicle must be claimed before 120 days after written notification has been received by the owner or his/her last known sponsor, command, employer, or after such notification is returned undelivered.

If the impounded vehicle has not been claimed per paragraph 202.b. of this instruction, the Security Director will deliver the vehicle to NSA PC Supply Officer for disposition per applicable regulations.

(2) Procedure When Owner is Unknown

(a) Public Notice. If, after reasonably diligent efforts, the Security Director is unable to determine the owner of an impounded abandoned vehicle, the Security Director shall cause public notice of the impoundment to be published in NSA PC's local newsletter in at least two consecutive issues. If, in response to such publication, the Security Director subsequently determines the identity of the owner, the Security Director shall send written notification per paragraph 202.a. (1) of this instruction, and shall subsequently process the case per paragraph 202.a. (b). of this instruction.

(b) Disposition. 30 days after completion of public notice, if the impounded vehicle has not been claimed per paragraph 202.b of this instruction, the Security Director will deliver the vehicle to the NSA PC Supply Officer for disposition per applicable regulations.

b. Claiming Impounded Abandoned Vehicle. Upon satisfactory proof of ownership or legal interest and after

2-2 satisfying any outstanding costs, the owner or his/her legal representative may claim an abandoned impounded vehicle any time prior to disposition.

203. Rental vehicles. Persons authorized to operate rental vehicles, if properly licensed, include the renter, and without additional charge, the renter's fellow government travelers in official travel status while acting within the scope of their employment duties. Such additional drivers need not be listed on the rental agreement.

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CHAPTER III

NSA PC DRIVING PRIVLEGES

NSAPCFLINST 5560.2D

14 Aug 13

301. Driver License Required. Per references (a) and (b), no person may operate, or knowingly permit another person to operate a motor vehicle of any type on NSA PC without a valid driver license or learner permit in his/her immediate physical possession.

a.

only when times by

Learner permit holders may operate a motor vehicle the holder of a learner permit is accompanied at all a driver who:

(1) Holds a valid license to operate the type of vehicle being operated.

(2) Is at least 21 years of age; and

(3) Occupies the closest seat to the right of the driver of the motor vehicle.

(4) A person who holds a learner's permit may operate a vehicle only during daylight hours.

b. Driver under 17 years of age. A person who holds a driver license and who is under 17 years of age, when operating a motor vehicle after 2300 and before 0600, must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated and is at least 21 years of age unless that person is driving directly to or from work.

c. Driver 17 years of age. A person who holds a driver license who is 17 years of age, when operating a motor vehicle after 0100 and before 0500, must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated, and is at least 21 years of age unless that person is driving directly to or from work.

302. Minimum Age to Operate a Motor Vehicle. No person under the age of 15 may operate, and no person may knowingly permit a person under the age of 15 to operate, a motor vehicle of any type on NSA PC, unless in possession of a valid driver's license from a jurisdiction permitting persons under the age of 15 to operate a motor vehicle.

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303. Driving While License is Suspended or Revoked. No driver will operate a motor vehicle on NSA PC with a driver license that is suspended or revoked. Driving without knowledge of the suspension or revocation is a moving violation. If the driver has knowledge then this constitutes a misdemeanor.

304. Implied Consent Testing for Blood Alcohol Content. Any person operating a motor vehicle on NSA PC, by exercising that privilege, consents in advance to the extraction and chemical testing of his/her breath, blood, or urine for the purpose of determining the alcoholic content of his/her blood, upon apprehension for Driving Under the Influence (DUI) or impaired by alcohol or drugs. Only qualified medical personnel will draw blood samples.

305. Advice to Driver. If, upon apprehension for DUI or driving while impaired by drugs or alcohol, a driver refuses a request by NSA PC police to provide breath, blood, or urine sample, the driver shall be informed:

a. That failure to submit to such testing shall result in the revocation of driving privileges on NSA PC for a minimum of one year, in addition to any period of revocation or suspension that may be imposed for any other moving violation; and

b. That the driver does not have the right to have an attorney present before stating whether he/she will submit to the test or during the administration of the test.

306. Refusal to Submit to Implied Consent Testing. Refusal to submit to implied consent testing, as described above, after having been advised per paragraph 305 above, shall result in revocation or suspension of driving privileges on NSA PC for one year minimum, in addition to any revocation or suspension that may be imposed for any other moving violation. For non-military personnel, a United States District Court Violation Notice/Magistrate Citation (DD Form 1805) will be issued to the individual for refusal to consent to testing described above and which requires an appearance in U. S. Magistrate Court.

Military personnel will be issued DD Form 1408's and their command will be notified. Under no circumstances will a person who has been apprehended for suspected DUI and a test has indicated a blood alcohol determination of 0.08 percent or greater, be allowed to drive a vehicle on board NSA PC within eight (8) hours following the time of apprehension. Active duty military personnel will be released to their respective commands, upon completion of DUI processing. All others will be placed in the Bay County Detention Center for an eight hour

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DETOX hold. In the event the respective command will not or cannot take custody of the military member, the member will be transported by Bay County Sheriff or Navy Security Force (NSF) and placed in Bay County detention center on an eight hour DETOX hold. Military personnel will be scheduled for a mandatory court appearance for NSA PC's Traffic Court. The NSF apprehending the military personnel will issue a court date.

NSF personnel will add five days to date of apprehension, (i.e.

apprehended on the 12th, add five days which will be the 17th), then set the date for the next court date, which will be ether the 1st or 3rd Tuesday of the month at 1300, in the building 308 conference room.

c. Persons Unable to Give Consent. Any person who is in such a condition rendering him/her incapable of understanding the advice required in paragraph 305 above, shall be considered not to have withdrawn his/her consent; however, no such tests shall be administered unless otherwise independently indicated for medical reasons, or based on probable cause.

d. Owners and Operators. Owners and operators are to be informed that their state driver license agency will be notified that their installation driving privileges have been revoked or suspended for one year or more, following final adjudication of the intoxicated driving offense and/or for refusing to submit to a lawful BAC test and/or after Non-judicial punishment (NJP), is completed. This notification will include the basis for the revocation or suspension and the blood alcohol level. The notification will be sent to the state in which the driver license was issued.

307. Involuntary extraction of bodily fluids in traffic cases.

The procedures outlined herein pertain only to the investigation of individuals stopped, apprehended, or cited on NSA PC for any offense related to driving a motor vehicle and for whom probable cause exists to believe that such individual is intoxicated.

Extractions of body fluids in furtherance of other kinds of investigations are governed by the Manual for Courts-Martial, United States, Military Rule of Evidence 315, and regulatory rules concerning requesting and gr~nting authorizations for searches.

308. Search and Seizure. Involuntary bodily fluid extraction must be based on valid search and seizure authorization. An individual subject to the UCMJ who does not consent to chemical testing, as described above, may nonetheless be subjected to an involuntary extraction of bodily fluids, including blood and urine, only in accordance with the following procedures:

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a. An individual subject to the UCMJ who was driving a motor vehicle and suspected of being under the influence of an intoxicant may be subjected to a nonconsensual bodily fluid extraction to test for the presence of intoxicants only when there is a probable cause to believe that the individual was driving or in control of a vehicle while under the influence of an intoxicant.

b. A search authorization by the NSA PC Commanding Officer (CO) or military magistrate obtained pursuant to the Manual for Courts- Martial, United States, Military Rule of Evidence 315, is required prior to such nonconsensual extraction.

c. Because warrantless searches are subject to close scrutiny by the courts, obtaining an authorization is highly preferable. Warrantless searches generally should be conducted only after coordination with the servicing staff judge advocate, (SJA) at Naval Air Station Pensacola and attempts to obtain authorization from NSA PC CO or military magistrate prove unsuccessful due to their unavailability.

d. If authorization from the NSA PC CO or military Magistrate proves unsuccessful due to their unavailability; the Commander of a military medical facility is empowered by the Manual for Courts-Martial, United States, Military Rule of Evidence 315, to authorize such extraction from an individual located in the facility at the time the authorization is sought.

e. Before authorizing the involuntary extraction, the commander of the medical facility should, if circumstances permit, coordinate with the servicing SJA.

f. The medical facility commander authorizing the extraction under the Manual for Courts-Martial, United States, OPNAV 11200.5D of 22 May 2006 19 Military Rule of Evidence 315, need not be on duty as the attending physician at the facility where the extraction is to be performed and the actual extraction may be accomplished by other qualified medical personnel.

g. The authorizing official may consider his or her own observations of the individual in determining probable cause.

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CHAPTER IV

14 Aug 13

NSA PC TRAFFIC CONTROL REGULATIONS

401. Obedience to NSA PC, NSF, personnel. No person shall flee from, attempt to elude or evade, or willfully fail to comply with any order, direction, or request given by NSA PC NSF personnel acting in the execution of his/her office. No person shall make a false statement or provide false or misleading information relating to ownership or operator of a motor vehicle.

402. Emergency Vehicles

a. Right-of-Way. All persons shall yield the right-of way to any emergency vehicle responding to an emergency call.

When approached by an emergency vehicle utilizing flashing lights, sirens, or any combination thereof, all other motor vehicles in the area, without regard to direction of travel, shall pull to the right side of the roadway as soon as possible, and shall remain there until the emergency vehicle has passed.

b. Emergency Vehicle Privileges. The driver of an emergency vehicle, when responding to an emergency call, in pursuit of a person suspected to have committed a serious offense, or when responding to (but not returning from) a fire alarm, may exercise the following privileges, but only while using audible and visual signals, sirens, or lights.

c. Proceed past a stop signal or stop sign, but only after slowing as necessary to ensure safe passage through the intersection.

d. Exceed posted or maximum speed limits only when such speed does not reasonably endanger personal safety or property.

f. Park, stand, or obstruct traffic, if necessary to complete the emergency mission.

g. Safely disregard traffic flow, turning restrictions and regulations, if necessary to complete the emergency mission.

403. Approaching, Overtaking, or Passing

a. When a school bus is boarding or discharging students at an authorized school bus stop, no vehicle may approach, overtake, or pass the school bus. If the bus is showing flashing red lights, all vehicles in either direction of travel

4-1 on the roadway shall come to, and remain at, a complete stop until the school bus has closed its door, turned off the red lights, and resumed travel.

b. Overtaking and passing a vehicle traveling in the same direction is prohibited on all roadways located on this Activity.

c. No vehicle may overtake or pass another vehicle to the right.

404. Following Too Closely. One vehicle may not follow another more closely than is reasonable and prudent for the maximum posted speed limit, traffic volume, and road conditions. In clear weather on a dry paved roadway, a temporal separation of two seconds, or a spatial separation of approximately one passenger car length for every 10 miles per hour of speed, shall be presumed to be reasonable and prudent, absent any other unusual traffic conditions.

405. Intersections

a. General Rule of Right-of-way. Except when an intersection is controlled by NSA PC, NSF personnel, traffic signal, or traffic sign, a vehicle entering an intersection shall yield the right-of-way to any vehicle on the intersecting roadway approaching the intersection from the right; and, when making a left turn at an intersection, a vehicle shall yield the right-of-way to all other vehicles approaching the intersection.

Notwithstanding these rules, no driver approaching an uncontrolled intersection should assume he/she has the right-of way.

b. Uncontrolled Intersections. When approaching an intersection that is not controlled by traffic signals or signs, a driver shall yield the right-of-way to any vehicle approaching the intersection from his/her right. Vehicles intending to turn left at the intersection shall yield the right-of-way to all other vehicles approaching the intersection.

c. Controlled Intersections

d. Stop Intersections. When approaching an intersection that is controlled by traffic signal or sign, the driver shall come to a full stop. The driver shall then yield the right-of way to any vehicle approaching the intersection on his/her right until it is their turn to proceed through the intersection. Any vehicle intending to turn left at the intersection shall also

4-2 yield to any vehicle approaching the intersection from the opposite direction. Vehicles will stop at the appropriate location before entering an intersection:

(1) The stop line is designated by a sign or painted line on the roadway; or

(2) In the absence of a stop line, at a point before any part of the vehicle enters the crosswalk at the intersection; or

(3) In the absence of a stop line or crosswalk (see 423, of this instruction for right-of-way in crosswalks), at the point nearest the intersecting roadway where the driver has an unobstructed view of traffic on the intersecting roadway.

e. Yield Intersections. A vehicle approaching a yield intersection sign shall slow to a speed reasonable for the conditions and, if necessary to yield the right-of-way to traffic in the intersecting roadway, shall come to a complete stop before entering the intersection.

f. Entering from Driveway or Parking Lot. A vehicle entering a roadway from a driveway, parking lot, service or access road, or unpaved road shall yield the right-of-way to all vehicles on the roadway to be entered.

406. Turns

a. Turn Signals. Turn signals shall be used before attempting a turn at an intersection, onto or from a roadway, or a parking lot, and whenever entering or leaving a traffic lane from the side of the road.

b. U-turns. U-turns are prohibited on all roadways on NSA PC, with the exception of emergency vehicles.

407. Backing. No person may operate a vehicle in reverse gear without first taking all necessary measures to ensure that the way is clear. Heavy automotive equipment should not be backed without the assistance of a lookout stationed outside the vehicle.

408. NSA PC Speed Limits: Reasonable and Prudent Speed. Unless otherwise specified by speed limit signs or within certain reduced-speed zones established by paragraph 409 of this instruction, no person may operate a motor vehicle on NSA PC at a speed greater than 20 miles per hour. Notwithstanding this

4-3 general speed limit, any other posted speed limit, or any other provisions of this instruction, no person may drive a vehicle at a speed greater than is reasonable and prudent under the circumstances, taking into account visibility, weather, traffic and road conditions, and terrain.

409. Reduced Speed Zones. Unless otherwise specified by speed limit signs, the following reduced-speed zones shall be observed:

a. Ten miles per hour on any parking lot, flight line, hangar area, pier, wharf, landing, or warehouse area, or within 100 feet of any aircraft.

b. Fifteen miles per hour in any residential, barracks, or billeting areas, training areas, playgrounds, recreational areas, or on any unpaved roads.

410. Racing and Speed Contests. No person shall drive any motor vehicle in any racing, speed competition or contest, drag racing, or acceleration contest, endurance test, while on NSA

PC.

411. Reckless Driving. No person shall drive any motor vehicle with willful or wanton disregard for personal safety or property while on NSA PC.

412. Intoxicants: Transporting and Consuming Alcoholic Beverages and Driving Under the Influence (DUI) It is unlawful for any person to operate a motor vehicle:

a. While consuming any alcoholic beverage or under the influence of any drug that impairs the ability to operate a motor vehicle, whether prescribed or illicit.

(1) While any passenger is consuming an alcoholic beverage.

(2) While having an open container of alcoholic beverage in the driver's compartment. An open container shall be considered to be in the possession of the operator of a vehicle if the container is in the possession of a passenger or not located in a locked glove compartment, locked trunk, or other locked non-passenger area of the vehicle.

(3) Military personnel apprehended for DUI will be turned over to their command for referral to NJP or Court Martial, see Paragraph 306. Civilians and retired military

4-4 detained for DUI's and driving under the influence of drug cases will be issued a DD Form 1805, United States District Court Violation Notice, and referred to the Federal Magistrate.

(4) Consuming alcohol 8 hours prior to operating a Government Owned Vehicle (GOV) is prohibited.

413. Unattended Vehicle. No motor vehicle will be left unattended with the keys in the ignition and the engine running.

A parent, legal guardian, or other person responsible for a child younger than 10 years of age will not leave the child unattended or unsupervised in a motor vehicle, regardless of whether or not the engine is running.

414. Littering. No person operating or riding as a passenger in a motor vehicle shall throw, drop, eject, or allow to escape from a motor vehicle any trash, cigarette, refuse, garbage, or litter.

415. Loaded Vehicles

a. Load Placement and Distribution. No vehicle shall be loaded so as to obscure the driver's view ahead or to either side. The load on every vehicle shall be distributed, checked, tied down, or otherwise secured in a manner that ensures against load shifting.

b. Overhanging or Projecting Loads. No vehicle may be driven with a load overhanging or projecting from the rear unless an appropriate warning flag or sign is installed.

Between sunrise and sunset, a red flag at least 12 inches square shall be attached to the projecting portion or portions. After sunset and before sunrise, a red light shall be attached to the projecting portion or portions of the load.

c. Transportation of Hazardous Materials. No explosives, flammables, corrosives, radioactive materials, or toxic substances may be transported in vehicles carrying passengers.

Vehicles carrying such hazardous materials shall be certified to carry that cargo and shall display the appropriate hazardous load warning signs or labels.

416. Passengers

a. Driver's Responsibility for Passenger Safety. The driver of a motor vehicle is responsible for the safe transportation of all passengers.

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b. Exceeding Designed Seating Capacity. Except for buses and trucks modified for transporting passengers, no vehicle may operate with a passenger load exceeding its designed seating capacity. Passengers shall not ride in cargo areas of any type vehicles except as described below. Pets riding in vehicles on the installation MUST be restrained from entering the driver's side of the vehicle. Pets must always be under the control of the owner or other responsible person and will not be left unattended in the bed of a truck. Pets must not be left unattended in vehicles for prolonged periods of time where they show signs of suffering or distress.

c. Trucks Modified for Passengers. All trucks used for transporting passengers shall be equipped with a bench section or cross planking, securely attached, allowing a seating width of at least 18 inches for each passenger. Seatbelts shall be installed for each passenger. The cargo section shall be equipped with side rails or supports and a tailgate that can be securely closed. Passengers may not sit on the tailgate, fenders, or cab, or ride on the running boards. No passenger may be carried in the cargo section of any vehicle with a bed, which can be raised or lowered.

d. Class Band C Government Vehicles. Except those vehicles designated as buses, Class B and C Government vehicles may transport, as passengers only, active duty military members and civilians whose official duties require such transportation.

417. Safety Belts and Restraints

a. Driver's Responsibility. Per reference (a), the driver of a motor vehicle is responsible for informing all passengers of, and ensuring compliance with, NSA PC safety belt and restraint requirements. No person may operate a motor vehicle when a passenger is in violation of this section.

b. Safety Belts. All persons operating or riding as a passenger in any motor vehicle shall use safety belts and all other passenger safety restraints, including shoulder belts if the vehicle is so equipped. All safety belts and restraints shall be worn in the manner for which they were designed. This requirement does not apply to persons operating or riding buses not equipped with safety belts, or to persons operating or riding in tactical or combat vehicles owned, leased, rented, or controlled by the U.S. government, which are not equipped with safety belts. In addition, this does not apply to historic, antique vehicles being driven to/from/in parades/displays, etc.

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c. Child Safety Seats. Except for passengers riding on buses not equipped with seatbelts, while riding in any motor vehicle, all children 5 years of age or younger shall be protected by use of a crash-tested, federally approved child restraint device. Children 4 years of age or younger (or the weight of child does not exceed 45 pounds) will be properly restrained no matter where they are seated in the vehicle.

Children 3 years of age or younger must be secured in a separate carrier (child safety seat) or in a vehicle manufacturer's integrated child safety seat. For children ages 4 - 5, a separate carrier, an integrated child safety seat, or a safety belt may be used. If a safety belt does not fit the child correctly, a booster seat will be used to correctly position the lap and shoulder belts once they outgrow forward facing child safety seats (generally at about 45 pounds and 4 years old) Children from approximately 45-80 pounds and under 4'9" in height will ride in a booster seat.

d. Infants must ride rear-facing until they are at least one year old and weigh 20 pounds or more. Rear-facing, the infant should be semi-upright at an angle or no more than 45 degrees. A forward-facing older child will ride sitting upright.

Never place a child in a child safety seat in the front seat of a vehicle equipped with a passenger air bag. Always use the back seat.

e. Unauthorized Modifications. No person may modify, remove, or disable any installed safety belt, shoulder harness or belt, or other passenger safety restraint in order to avoid using it in compliance with this section and no person may operate a motor vehicle onboard NSA PC that has been so modified.

418. Towing

a. Towing Vehicle Driver's Responsibility. While towing another vehicle, the operator of the towing vehicle is responsible for the safe completion of the tow. No person may tow another vehicle in violation of this section.

b. Applicability. This section applies to the towing of motor vehicles and non-propelled work vehicles, such as compressors, lighting units, welding machines, mowers, pumps, and trailers.

c.

securely cables.

Safety Chains or Cables. The towing vehicle shall be coupled to the towed vehicle with safety chains or No more slack shall be permitted in the chain or cable

4-7 than is necessary to permit safe turning. When a tow bar is used, chains or cables shall be connected in a manner that prevents the tow bar from dropping to the ground if the tow bar fails. Placing the chains or cables in a "X" or crossing pattern meets the requirement of this section.

d. Personal Safety. No person may place any part of his/her body between a towed and towing vehicle until both vehicles have stopped and, if necessary, the towed vehicle's wheels are securely chocked.

419. Cell Phones, Texting, and Driver Distractions. All motor vehicle operators on NSA PC and operators of government-owned and leased vehicles (including rental cars while on temporary additional duty) on and off NSA PC shall not talk or text using cell phones or other hand-held electronic devices unless the vehicle is safely parked. Additionally, wearing any portable headphones, Bluetooth devices, earphones, or other listening devices while operating a motor vehicle is prohibited. All personnel are encouraged to refrain from any activity that may be a distraction while driving and lead to traffic mishaps (e.g., eating, text messaging, adjusting the radio or compact disc player, shaving, applying make-up, reading maps, newspapers, magazines, books, etc.).

420. Bicycles

a. Right-of-way. Persons riding bicycles on a roadway shall ride with traffic, in a single file, while observing the same right-of-way rules as a motorized vehicle.

b. Compliance with Traffic Regulations. All persons operating a bicycle on a roadway shall observe…