JL-13 NSGB INST(a) 11200.1G MOTOR VEHICLE AND TRAFFIC REGULATIONS.pdf

DEPARTMENT OF THE NAVY

COMMANDING OFFICER

U.S. NAVAL STATION GUANTANAMO BAY CUBA

PSC 1005 BOX 25 FPO AE 09593-0100 NSGBINST 11200.lG

NOO

30 Jul 21

U.S. NAVAL STATION, GUANTANAMO BAY, CUBA INSTRUCTION 11200.lG

From: Commanding Officer, U.S. Naval Station, Guantanamo Bay, Cuba

Subj: MOTOR VEHICLE AND TRAFFIC REGULATIONS

Ref: (a) OPNA VINST 11200.5 (Series)

(b) OPNAVINST 5350.8

(c) SECNA VINST 5300.28 (Series)

(d) OPNAV M-5100.23

(e) NSGBINST 1710.10 (Series)

(f) Manual for Courts-Martial 2019, Military Rules of Evidence

(g) 10 u.s.c. §§801-946

Encl: (I) Guantanamo Bay Motor Vehicle Code (GBMVC)

(2) Notarized Bill of Sale

(3) Motor Vehicle Safety Inspection Form

(4) DD Form 2504 (Abandoned Vehicle Notice)

(5) Vehicle lmpoundment Requirements Memorandum

I. Purpose. Provide regulations governing registration and operation of motor vehicles at U.S.

Naval Station, Guantanamo Bay, Cuba (NSGB/NA VSTA).

2. Cancellation. NSGBINST 11200.IF.

3. Applicability. This instruction applies to all persons owning and/or operating a motor vehicle on NSGB. Sanctions imposed under this instruction are administrative in nature, not punitive. However, such administrative action, or the absence of it, does not preclude subsequent disciplinary action under the Uniform Code of Military Justice (UCMJ) or removal and debarment from NSGB.

4. Background. This instruction implements the Department of the Navy traffic safety policy and regulations in references (a) through (g), consistent with the special circumstances of NSGB.

5. Responsibilities.

a. Security Officer (SO) shall: Maintain, supervise, and initiate the enforcement of this instruction, and serve as principal advisor to the Commanding Officer (CO) on matters of motor vehicle regulation. In furtherance of such duties, the SO shall:

( 1) Represent NSGB in cooperative efforts with all commands and activities on installation to promote traffic safety.

(2) Administer the registration and safety inspection of privately owned motor vehicles on NSGB and maintain a central record of vehicle registrations.

(3) Maintain a central system of violations.

( 4) Administer the Traffic Safety Council.

b. Chief Magistrate, NSGB Traffic Review Board, the Operations Officer or other Department Head as designated by the CO shall:

(1) With the approval of the CO, appoint, train, and supervise one or more Traffic Magistrates for the NSGB Traffic Court hearing (E8 and above).

(2) Take final action on all appeals of suspensions or revocations of driving privileges.

(3) Take final action on all requests for restricted driving privileges and for reinstatement of driving privileges on probation.

(4) Provide authoritative written interpretation ofreference (a).

c. NSGB /Traffic Court Magistrate shall:

(I) Conduct informal administrative hearings to satisfy all requirements of administrative due process hearings per reference (a).

(2) Advise the SO and Staff Judge Advocate (SJA) of problems in enforcement or interpretation of enclosure ( 1 ).

d. Public Works Officer shall:

(1) Plan and program traffic signs and controls in coordination with NSGB Safety Departments.

(2) Advise the CO concerning the planning, construction, and maintenance of roadways on NSGB.

(3) Procure, install, and maintain permanent traffic control devices and signs.

(4) Issue U.S. Government Motor Vehicle Operator's Identification Card, Private Motor Vehicle Operator's permit, and NSGB Private Motor Vehicle Operator's driver license, per reference (c).

e. Command Pay and Personnel Administrator (CPPA) shall:

(1) Ensure personnel checking out received a stamp from the Vehicle Registration Office (VRO) to ensure any personal vehicles have been shipped, sold, transferred or otherwise removed from transferring individual's name.

(2) Report anyone not in possession of a stamp to the SO.

f. Tenant Commands/Government Contractors/other U.S. Government personnel shall ensure personnel checking out follow section (e) of this instruction for their assigned personnel prior to transfer off island.

g. Motor vehicle owners/operators shall:

( 1) Comply with this instruction and any other applicable regulations including Federal, State, and local laws pertaining to the proper safe and efficient operation of motor vehicles.

(2) Report traffic violations, accidents, or damage occurring while having custody of or when operating a motor vehicle on NSGB roadways and submit documents as required.

(3) Report suspension or revocation of state motor vehicle operator license to VRO.

(4) Not use cell phones while driving unless the vehicle is safely parked or unless they are using a hands-free device.

6. Review Responsibility. The Security Officer will review this instruction annually on the anniversary ofits effective date to ensure applicability, currency, and consistency with Federal, Department of Defense, Secretary of the Navy, and Navy policy and statutory authority.

7. Records Management. Records created as a result of this instruction, regardless of media and fonnat, shall be managed per SECNA V Manual 5210.1.

S.S. WHITE

Distribution and releasability.

This instruction is cleared for public release and is available electronically only via NSGB public share drive.

NSGBINST I 1200.IG

30 July 21

U. S. NA VAL ST A TION GU ANT AN AMO BAY MOTOR VEHICLE CODE (GBMVC)

Enclosure ( 1 )

CHAPTER 1 - GENERAL PROVISIONS

IO I - Definitions and Interpretation

CHAPTER 2 - MOTOR VEHICLE REGISTRATION

201 - NSGB License Plates 202 - Registration Requirements 203 - Expiration Date and Renewal of Registration 204 - Temporary License Plate 205 - Transfer of Registration 206 - Termination of Registration 207 - Lost or Stolen NSGB License Plate 208 - Vehicle Safety 209 - Abandoned Vehicles 210 - Off-Roading

NSGBINST 11200.lG 30 July 21

6-9

9-10 10-12 12-13 13-14 15-16

CHAPTER 3 - NA VSTA GTMO SUPERVISION AND ENFORCEMENT

301 - Authority of Naval Security Forces 17 302 - Report of Violations 17 303 - Traffic Stops or Detention 18 304 - Issuance of Citation 18-19 305 - Intoxicants 19-20 306 - Implied Consent 20-22 307 - Informal Administrative Hearing 22-23 308 - Adjudication of Driving While Impaired/Driving Under the Influence Citation 23 309 - Motor Vehicle Collision (Traffic Accident) 23

CHAPTER 4 - DRIVER RECORDS AND TRAFFIC POINT ASSESSMENT

401 - Records 402 - Points Assessment and Suspensions 403 - Points Assessment Schedule 404 - Revocation for Accumulation of Points 405 - Mandatory Revocation for a Serious Violations 406 - Discretionary Suspension of Driving Privileges for Certain Offense 407 - Notification and Execution of Suspension/Revocation 408 - Appeals of Revocations and Suspensions 409 - Restricted Driving Privileges 410 - Remedial Driver Safety Course

CHAPTERS - IMPOUNDED VEHICLES

501 - Standards for lmpoundment

24-29 29-30 30-31 31-32 32-33

33-36

Enclosure ( l)

101. Definitions and Interpretation

CHAPTER 1

GENERAL PROVISIONS

NSGBlNST 11200.lG 30 July 21

a. General Rule oflnterpretation. The U.S. Naval Station, Guantanamo Bay, Cuba (NSGB) Motor Vehicle Code shall be interpreted in a manner that best protects public safety and provides for the efficient administration and/or enforcement of these regulations.

b. Abandoned Motor Vehicle. The United States Government assumes no responsibility for unattended privately owned vehicles left on this installation. When vehicles (including boats, trailers, etc.) are left unattended or have apparently been abandoned on the station, the SO shall direct actions as specified by reference (a), as applicable, to impound and properly dispose of said vehicle(s).

c. Bicycle. A device propelled solely by human power, using pedals, and with two or more wheels in tandem.

d. Conviction. An official determination or finding as authorized by applicable federal, state, city, county, or host nation law or regulation, including a final conviction by a court or court-martial (whether based on a plea of guilty or a finding of guilty and regardless of whether the penalty is deferred, suspended, or probated).

e. Driver. Any person who drives or is in physical control of a motor vehicle. A driver is in physical control when in position to control the motor vehicle, whether to regulate or restrain its operation or movement. For example, sitting in a parked car behind the steering wheel, keeping it in restraint or in a position to control its movement. The word "driver" is interchangeable with the word "operator."

f. Driver distractions. Vehicle operators on a DOD installation and operators of Government owned vehicles will not use cell phones unless the vehicle is safely parked or unless they are using a hands-free device. The wearing of any other portable headphones, earphones, or other listening devices (except for hands- free cellular phones) while operating a motor vehicle is prohibited. Use of those devices impairs driving and masks or prevents recognition of emergency signals, alarms, announcements, the approach of vehicles, and human speech. The DOD component safety guidance should note the potential for driver distractions such as eating and drinking, operating radios, CD players, global positioning equipment, and so on. Whenever possible this should only be done when the vehicle is safely parked.

g. Driving Privileges. The authority granted by a host nation, state, or CO to allow a person to operate a motor vehicle on an installation or area under the authorizing official's supervision and control. ·

( l) Suspension. Driving privileges that shall be temporarily suspended up to l year, upon liable findings by the Traffic Magistrate.

Enclosure (I)

NSGBINST 11200.lG

(2) Revocation. Driving privileges that shall be revoked by the Traffic Magistrate upon liable findings of driver's wrong doing. Driving Privileges may only be restored upon completion of the administered revocation period (1-2 years) and upon order of the Traffic Magistrate.

h. Drunken or Reckless Operation of a Vehicle (Driving Under the Influence (DUI). Physical operation or control of a motor vehicle or craft while under the influence of alcohol, drugs or prohibited substances.

( l) Driving While Impaired. After determination of chemical testing for breath alcohol content (BAC) greater than 0.05 percent, but less than 0.08 percent, the driver may be presumed to have operated the vehicle while impaired per reference (a) Section III, para 4-11 (2). This standard may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(2) Driving While Intoxicated. The alcohol concentration in the accused's blood or breath equaled or exceeded the applicable limit (0.08 grams of alcohol per 100 milliliters of blood). This violation is not limited only to alcohol; if tests reflect the presence of illegal drugs, a driver may be charged with intoxicated vehicle operation per reference (a) Section III, para 4-11 (3).

i. Drug. Any substance, other than food, that is consumed, inhaled, injected, absorbed, or introduced into the body to modify mood, induce intoxication, or alter physiological function.

j. Emergency Vehicle (EV). An EV is any vehicle that is designated, equipped, and authorized to respond to an emergency. These include police, ambulance, fire, crash and rescue, explosive ordinance disposal and hazardous material response vehicles.

k. Golf Carts. Golf carts typically operate at speeds no greater than 15 to 20 miles per hour (MPH) and offer no occupant protection in a collision. They are not classified as private or government motor vehicles or a low-speed vehicle. They do not meet the requirements in reference

(b) and shall not be used on Naval installation roadways.

1. Government Motor Vehicle. 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 when designed for over-the-road operations; and whose general purpose is the transportation of cargo or personnel.

m. Hand held Alcohol Detection Devices (ADD). May be used as technical aides for inspections. Test results cannot be used as the basis for disciplinary action, but can provide the foundation for a probable cause search or fitness for duty examination, IAW references (b) and (c).

ADD's provide the foundation for a probable cause search when considered along with other evidence of intoxication, including, but not limited to, bloodshot eyes, slurred speech, muscular movement, general appearance or behavior, and or an admission of alcohol use or statements of other witnesses.

Enclosure { l)

NSGBINST 11200. IG

n. Implied Consent. Per reference (a) para. 2-3, any person operating a motor vehicle or bicycle on the installation shall be deemed to have given their consent to evidential tests for alcohol or other drug content of their blood, breath, and/or urine iflawfully stopped, apprehended, or cited for any offense allegedly committed while driving or in physical control of a motor vehicle or bicycle on the installation.

o. License Issuing Jurisdiction. Any country, or any province, state, or territory thereof that issues driver's licenses. For purpose of this instruction, licenses and permits issued by Public Works are the only valid license issuing jurisdiction on NSGB. Tenant commands, government contractors, and concessionaires on NSGB are not license issuing jurisdictions. Specific guidance for local issuance of licenses is delineated in reference (e).

p. Low Speed Vehicle (LSV). LSVs are defined as any four or more wheeled vehicle with at least four wheels in contact with the ground in normal operation; has a speed attainable of more than 20 mph, but not more than 25 mph on a paved level surface; and has a gross vehicle weight rating of less than 3,000 pounds. As per reference (b), LS Vs will be defined as a motor vehicle and will be required to meet all standards set forth in this instruction.

q. Moped. Any privately owned bicycle-type motor vehicle equipped with a low-powered motor. Bicycles with self-attached motors are not considered mopeds. Mopeds are motorized from factory.

r. Motor Vehicle. 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, LSVs, mopeds, motorcycles, boats, motorized bicycles, and scooters are considered motor vehicles when operated on the roadways.

s. Motorcycle. Any two or three wheeled government or privately owned motor vehicle having a seat or saddle for the use of its operator and designed to travel long distance, commuting, cruising, off-road rising, etc.

t. Motorized Bicycle. Any bicycle with an attached motor engine (not from factory setting) and transmission used either to power the vehicle unassisted, or to assist with pedaling.

u. Open Container. Any bottle, can, or other receptacle containing any alcoholic beverages that has been opened, or had its seal broken.

v. Permit. Permits for new drivers can be obtained at the earliest age of 15 & ½ years old with consent of a guardian and is valid for 6 months from the date of issue. Applicants must pass a road test examination prior to receiving a permit. Applicants are required to provide a properly licensed, insured, and inspected vehicle for the road test. Driving with a beginner operator's permit is authorized only when the individual is accompanied by a licensed driver who is 18 years of age or older and this person must be in the front seat, as per reference (c).

Enclosure ( 1)

w. Private Motor Vehicle (PMV). A vehicle owned, leased, rented or controlled by an individual in a personal capacity. A trailer being towed by a PMV is considered part of the vehicle.

x. Roadway. Any paved, be it asphalt or concrete, or any hard packed road, i.e. access roads to public beaches, used to travel from one location to another.

y. ROV and Similar Off-Road Vehicles. Recreational off-highway vehicles (ROV), utility terrain vehicles (UTV), and other types of off-road vehicles (ORV) generally provide some level of occupant protection features and are not designed for on-highway use. These vehicles generally have a steering wheel, foot pedals for acceleration & braking, seats, side retention features, and rollover protection. Operators of government-owned, leased, or rented ROVs or UTVs will successfully complete a SVIA Recreational Off-Highway Vehicle Association course or COMNA VSAFECEN approved equivalent. A vehicle designed specifically for off-road use, is not considered a GMV. ROV/UTV are not classified as LSVs because they may travel at speeds up to 35 mph and at all times require doors or netting as per the manufacturers specifications. Commands using these vehicles will establish standard operating procedures, authorized areas of usage, perform annual vehicle inspections, and ensure the vehicles are operated and maintained in accordance with the manufacturer's guidance.

z. Scooter. A type of motorcycle with a step-through frame and a platform for rider's feet.

aa. Valid Driver's License. A driver's license issued by a license issuing jurisdiction, including a license issued by the U.S. government, which is not currently suspended or revoked. A driver's license which appears on its face to be expired, is nonetheless a valid driver's license for purposes of this instruction, if the issuing jurisdiction is a State that automatically extends or renews driver's licenses for 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. At NSGB, only U.S.

State and/or territory-issued licenses and locally issued NSGB licenses from Public Works are considered valid.

bb. Valid Motorcycle Safety Card. All military operators must successfully complete a motorcycle safety foundation rider course to register his/her motorcycle. NSGB will also accept the completion card of any COMNA VSAFECEN approved state motorcycle training course that includes a written and riding evaluation.

NSGBINST 11200.1 G

CHAPTER2

MOTOR VEHICLE REGISTRATION

201. NSGB License Plates. All privately owned motor vehicles, vessels, motorcycles, scooters, mopeds, and motorized bicycles on NSGB are required to be registered by his/her owner or the owner's agent at the VRO, building 2153. Upon completion of the registration, owners shall either receive an NSGB license plate or a temporary paper license plate.

Regardless if the vehicle will pass the vehicle safety inspection or operational, owners MUST attempt to register their vehicle within 3 business days after transfer of ownership.

a. All NSGB license plates shall be affixed with bolts or screws to the rear of the vehicle. NSGB license plates will have the current registration stickers placed with the month on the top left comer and the year on the top right comer. All previous years registration stickers must be removed prior to placing new stickers.

b. Temporary license plate shall be placed in the rear window directly behind driver in a manner that can easily be read from a distance greater than 25 feet.

c. All license plate protective covers, regardless of tint or color, are not authorized for use over the rear license plate.

202. Registration Reguirements. The following documents are required to register a privately owned motor vehicle, motorcycle, or scooter prior to operation:

a. NSGB Motor Vehicle Safety Inspection form, enclosure (3 ). Completion of a safety and mechanical vehicle inspection by the VRO Clerk. POVs that are issued by contracted companies shall complete the vehicle safety inspection with the Auto Skill Center through MWR services.

b. Proof of Ownership. Issued to and in the name of the owner of the vehicle to be registered. Notarized Bill of Sale, state registration, military base registration or vehicle title will satisfy this requirement.

c. Proof of Liability Insurance.

( 1) Minimum coverage:

(a) Personal injury or death, $25,000 per person and $50,000 per incident.

(b) Property damage, $25,000 per incident.

(2) The insurance policy or certificate shall:

(a) Be issued to, and in the name of the registered owner.

(b) List the policy number.

(c) Describe beyond a reasonable doubt the vehicle or vehicles covered under the policy.

(Minimum of Vehicle Identification Number, Year and Make of vehicle).

(d) State the limits of liability under the policy.

(e) Specifically state that it covers a vehicle or vehicles at NSGB or in Cuba.

(f) Be issued for a minimum period of six months.

(g) List the expiration date of the policy.

d. Valid Driver's License. All owners registering their vehicles shall provide a valid state or NSGB driver's license to the VRO Clerk. A state driver's license which appears on its face to be expired, is nonetheless a valid driver's license for purposes of this instruction, if the issuing jurisdiction is a state that automatically extends or renews driver's licenses for 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. An NSGB driver's license issued by NA VF AC transportation must be kept current at all times.

e. Vehicle lmpoundment Requirement Memorandum. All registered owners are required to complete and sign a memorandum, stating they understand all of the requirements needed to adhere to their vehicle. Failure to obey the requirements shall lead to vehicle impoundment onboard NSGB, IAW enclosure (5).

f. Registration of Motorcycle or Scooter.

( 1) A mandatory "check-in" with NSGB Safety Department is required.

(a) Military personnel (MILPERS) shall also have a valid Motorcycle Safety Card within the last three years and a State-endorsed license. A Motorcycle Safety Course is not currently held on NSGB and any MILPERS must attend the course at another installation that's offering the course.

(b) Civilian motorcycle operators shall have a current State motorcycle operator license, endorsement, or a permit. Civilians are not required to have a valid Motorcycle Safety Card.

(c) Operators of a 49 cubic centimeters (cc) engine or less may operate without a motorcycle driver's license endorsement and are also not required to complete motorcycle training. A valid state driver's license is still required.

(2) Personal Protective Equipment (PPE): All operators and passengers shall wear proper Personal Protective Equipment (PPE) at all times while operating a motorcycle or scooter IA W reference (e), enclosure (3).

(a) Head Protection. A helmet meeting Department ofTransportation (DOT) FMVCC 218, United Nations Economics Commission for Europe Standard 22-05, British Standard 6658 or Snell Standard M2005 shall be worn and properly fastened under the chin. Fake or novelty helmets are prohibited.

(b) Eye Protection. Protection eye devices designed for motorcycle operators (impact or shatter resistant safety glasses, goggles, wrap around glasses sealing the eye, or face shield properly attached to the helmet) shall be properly worn. A windshield or standard sunglasses or standard eye wear alone are not proper eye protection.

(c) Protective Clothing. Riders and passengers shall wear a long sleeved shirt or jacket, long-legged trousers, and full-fingered gloves or mittens designed for use on a motorcycle.

(d) Foot Protection. Sturdy footwear is mandatory. Sturdy over the ankle footwear protection for the feet and ankles shall be worn.

(e) Brightly colored or reflective outer upper garment will be worn by operators and passengers when in operation, between sunset and sunrise, per reference (a), chapter 4, para 4-2.

NOTE: Motorcycles designed for off-road use only, gas-powered or electric mini-bikes, pocket bikes, Segways, go-peds, hover-boards and similar type vehicles will not be operated on Navy installation roadways in accordance with OPNAVINST 11200.5 (series).

g. Motor Vessel Registration. Vessels (motorboat, rowboat, sailboat, jet-ski, boat trailers) are required to be registered with VRO within 10 days upon arrival or transfer of ownership, and shall be re-registered annually, thereafter. Kayaks, paddleboards, surfboards, and skim boards are exempt from registration. Vessels shall not be operated without current registration. Requirements are:

( 1) Proof of Ownership.

(2) Signed and Approved, Non-Military Waterborne Inspection Form, issued by Port Operations.

(3) Insurance is not required on NSGB, Cuba.

(4) Current Waterborne Craft Operator License issued by MWR Marina (NSGB Captain's License).

h. Government Owned Vehicle Registration. Certain vehicles owned by the government agencies that requires an NSGB license plate, shall only register with the VRO after completion of the following:

(1) Attempt to register with NA VFAC transportation by providing documentation of the contracted vehicles.

NSGBINST 11200. 1 G

(2) If unable to register with NA VF AC, agencies may register with VRO and shall provide a written memorandum stating the reason for government vehicles to be registered with a NSGB license plate.

203. Expiration Date and Renewal of Registration.

a. Expiration Date. Registration shall expire at midnight on the last day of the month in which the vehicle was registered. Failure to register by this time will subject the owner of the vehicle to an expired registration citation.

b. Renewal of Registration. Vehicles will be registered only upon presentation of evidence satisfying the requirements in Sections 202 (a) through 202 (d) of this instruction.

204. Temporary Registration.

a. 14 Day Temporary Registration. A temporary license plate is valid for 14 days and may be issued for the following reasons:

(1) A vehicle does not meet the safety inspection requirements outlined in enclosure (3).

(a) This temporary license plate is authorized for vehicles that failed an inspection due to defects in steering, suspension, brakes and/or any other conditions that can be deemed unsafe for operation.

(b) This temporary license plate is valid only for the purpose of delivering the vehicle to the repair facility.

(2) Operating the vehicle from/to the designated shipping company of Privately Owned Vehicle parking lot to the VRO for registration.

b. 75 day Temporary Registration. When shipping the vehicle off island, a temporary license plate shall be issued for a period of up to 75 days, depending on the ultimate destination. VRO shall only issue a temporary license plate upon receipt of the NSGB license plate. The temporary license plate should be honored as a dealer's license plate by most states until expiration. Each state has laws governing the requirements to register vehicles. It is the owner's responsibility to ensure they meet all local requirements to register their motor vehicles in that specific state.

205. Transfer of Registration.

a. Within three business days after the transfer of ownership of a vehicle registered on NSGB, the new owner must:

( 1) Register their vehicle at the VRO, providing a notarized Bill of Sale, enclosure (2).

(2) Complete a vehicle safety inspection.

Enclosure ( 1 )

NSGBINST 11200.IG

(a) POV inspections are conducted by the VRO Clerk utilizing enclosure (3), free of charge.

(b) POV from a contractor company shall complete their vehicle inspection with MWR services from Auto Skill Center, building 1843.

(3) Provide proof of Liability Insurance.

(4) Provide a valid driver license.

b. Fonner vehicle owner may not transfer registration of the NSGB license plate to the new owner. The license plate remains the responsibility of the former owner until the new owner completes the registration with the VRO.

c. Power of Attorney:

( l) In the event of transfer of registration through an agent of the owner, the agent shall be in possession of a notarized Power of Attorney naming the agent, in fact, as having the rights to sell or transfer the vehicle in the owner's absence.

(2) VRO shall be notified of the Power of Attorney and create an entry in the Additional Infonnation section of the owner's registration in Consolidated Law Enforcement Operations Center (CLEOC). The owner shall maintain insurance for the active vehicle and a copy with his/her agent. Failure to transfer registration in a timely manner shall result in the new owner and/or previous owner being issued a traffic citation.

206. Tennination of Registration. The SO shall tenninate the registration of a privately owned motor vehicle when:

a. The registration is expired for 90 days or greater.

b. The insurance coverage on the vehicle expires, lapses, or is canceled whether by the insurer or the owner.

c. Pennanent Change of Station or transfer from NSGB. In the event the owner transfers from NSGB, or any tenant command thereof, a signature and stamp shall not be given unless the owner meets one of the criteria below:

(I) The owner certifies that the vehicle is permanently inoperable and requests termination of registration due to disposal of vehicle. The NSGB license plate must be returned to VRO upon request of termination. The owner will also be required to provide written proof of disposal (i.e., notarized Bill of Sale to the BOS contractor, paperwork signed by the Transportation office, Auto Skills Center, or Auto-Port) at which time the vehicle will be removed from the owner's account and the owner will be free to transfer from his/her command.

(2) The owner or agent thereof provides proof that the vehicle is being permanently removed from NSGB via Personal Vehicle shipment request.

Upon receipt of the shipment request, the owner will return the NSGB license plate to the VRO and will receive a temporary license registration, IA W Section 204 (b) above, before shipping the vehicle. Proof of the vehicle's departure from the installation and the return of the license plate issued to the owner will allow the owner to transfer off the island.

207. Lost or Stolen NSGB License plates. NSGB license plates shall remain the responsibility of the current owner of the vehicle until properly registered to a new owner or returned to VRO.

a. NSGB license plates are U.S. Government property and are NOT available for purchase or taking as a keepsake. Personnel who falsely report plates as "lost/stolen" or do not return NSGB license plates can be held civilly and criminally liable.

(1) All lost/stolen NSGB license plates must report to NAVSTA Security Department's headquarters, building 1655, and complete a Voluntary Statement.

(2) A completed copy of the Voluntary Statement or report number must be provided to the VRO for a new license plate.

208. Vehicle Safety.

a. Requirements. All private motor vehicles shall comply with all safety regulations promulgated in references (a) and (e). Owners who modify vehicles from factory standards and determined unsafe shall be issued citations for operating vehicles in an unsafe condition as determined by the Naval Security Force.

( l) Motor Vehicle Safety Inspection:

(a) High and low beam head lights

(b) Running lights

(c) Front and rear tum signals

(d) Front and rear hazard lights

(e) Brake lights

(f) Reverse lights

(g) Tires (Measuring depth of grooves or textures with a minimum tread depth of 3/32")

(h) Factory installed seat belts

(i) Sides and rearview mirrors

{j) Muffler/Exhaust

(k) Windshield and wipers

(I) Horn

(m) No class 3 fluid leakages (continuous drips/leaks fluid)

(n) Brakes

(o) Front Wind Shield

(p) Doors

(q) Illegal Tint, more than 8" from the Top

(2) Occupant Protection:

NSGBINST 11200.IG

30 July 21

(a) All personnel riding in a Government Motor Vehicle (GMV) and Privately Owned Motor Vehicle (POV) shall properly wear safety belts. Vehicle drivers shall ensure that seat belts are in proper working conditions, and that all passengers are buckled up.

(b) Individuals shall not ride in any seating positions where safety belts have not been installed, or have been removed or rendered inoperative.

(c) No one shall ride in the cargo areas of motor vehicles with the exception of military vehicles specifically designed to carry passengers in the cargo area. POV's modified to include seating in cargo areas will not be authorized to operate on base.

(3) Child Safety Seat Requirements: The safest location for an installed child safety seat is in the center of the rear seat. Do not install child safety seats in the front of a vehicle equipped with a passenger side air bag.

(a) Birth - 12 months. Children under the age of one year old will always ride in a rear facing car seat.

(b) One - Three Years. Children will remain in a rear-facing car seat until they reach the top height or weight limit allowed by your car seat's manufacturer.

(c) Four- Seven Years. Children will be in a forward-facing car seat with a harness until he or she reaches the top height or weight limit allowed by your car seat's manufacturer.

(d) Eight - 12 Years. Children will be in a booster seat until he or she is big enough to fit in a seat belt properly. For a seat belt to fit properly, the lap-belt must lie snugly across the upper thighs, not the stomach. The shoulder-belt should fit snug across the shoulder/chest and not cross the neck or face.

209. Abandoned Vehicles.

NSGBINST 11200. IG

30July21

a. Any vehicle that is suspected of being abandoned will be cited by the Traffic Safety Specialist (TSS) or Naval Security Force (NSF), utilizing a DD Form 2504 Abandoned Vehicle

Notice, enclosure (4).

(1) The DD Form 2504 (Abandoned Vehicle Notice) will be conspicuously placed on POVs considered unattended.

(2) This action will be documented by an entry in the installation law enforcement desk journal.

(3) The owner will be allowed 3 days from the date the POV is tagged to remove the vehicle before impoundment action is initiated.

b. If after three working days from time of issuance there has been no effort to address the Abandoned Vehicle Notice to the VRO, the vehicle will be subject to towing and impoundment by the installation towing service.

210. Off-Roading. The operation of any motor vehicle on any terrain other than that of a prescribed road is unauthorized, except for scheduled MWR events, approved by the CO. This prohibition includes roads, trails, and/or areas not designed as open for other than official motor vehicle travel (e.g. recreational trails, ridgelines, tank trails). Exceptions to this are golf carts, which may only be used on the golf course.

CHAPTER3

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NA VSTA GTMO SUPERVISION AND ENFORCEMENT

301. Authority of Naval Security Forces. As used in this instruction and in enclosure (1), the term NSF refers to members of the Security Department. When acting in the performance of his/her duties in the enforcement of this instruction, members of the NSF are agents of the CO. Therefore, all persons on NSGB, regardless of status or rank, shall obey such orders and directions that NSF personnel may issue in the enforcement of this instruction. NSF is authorized to stop any vehicle operating on NSGB upon competent orders or from reasonable belief that a criminal offense or traffic violation has occurred, IA W reference (a). No person shall flee from, attempt to elude or evade, or willfully fail to comply with any lawful order, direction, or request given by a NSF member acting in the execution of his/her duties.

302. Report of Violations. Any person may report in person to NSF any suspected violations of this code. NSF shall observe traffic violations to issue a traffic citation. With the exception of the CO, senior personnel cannot direct the issuance of a citation. In incidents where reports are made of serious traffic violations, an Incident Complaint Report will be completed and the reporting person will be listed as a witness.

303. Traffic Stops or Detention. Only NSF is authorized to stop or detain persons suspected to have violated this code. Additionally, only NSF is authorized to conduct Command Authorized Checkpoints on NSGB.

304. Issuance of Citation. Any member of the NSF, authorized by the SO to issue traffic citations, have the authority to issue a DD Form 1408, Armed Forces Traffic Ticket at their discretion, IA W this instruction. A carbon copy (pink) of an Armed Forces Traffic Ticket shall be provided to the driver with guidance of the infraction(s) and the court appearance procedures. Issuance of a DD Form 1408 is not mandatory.

a. Right-of-way. All persons shall yield the right-of-way to an emergency vehicle responding to an emergency call. When approached by an emergency vehicle using flashing lights and/or sirens, all other motor vehicles in the area, regardless of direction of travel, shall pull to the right side of the roadway as soon as safely possible, and shall remain there until the emergency vehicle has passed.

b. Emergency Vehicle Privilege. Emergency vehicle response is only authorized for NSGB Security, Fire, and Medical assets, having direct communication with NSGB Dispatch. Other departments/tenant commands, regardless of status, are not authorized to exercise emergency vehicle privileges at any time.

c. Overtaking and Passing Vehicles. Overtaking and passing a motor vehicle traveling in the same direction is prohibited on all roadways on NSGB.

(1) Notwithstanding this prohibition, a slowly moving vehicle or a piece of heavy equipment traveling no faster than 10 MPH may be overtaken and passed only when the slowly moving vehicle has moved to the extreme right shoulder of the roadway.

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(2) LSVs shall pull off the road to the right shoulder at the first available safe area and yield to all other vehicles.

d. Overtaking and Passing Turning Vehicles. No vehicle may overtake and pass another vehicle to the right, during a tum.

e. Approaching, Overtaking, or Passing a Stopped School Bus. No vehicle may approach, overtake, or pass any school bus in the designated school zone. School buses may only be passed when the school bus is stopped to board or discharge passengers at a designated school bus stop that is not interfering with traffic.

f. U-tums. U-tums are prohibited on all roadways at NSGB with the exception of emergency vehicles being operated in response to a reported emergency.

g. Speed Zones. Unless otherwise posted, the following speed limits apply:

(1) 5 MPH in areas where physical training is being conducted (i.e. command road runs and platoon runs). Command formation runs on the roadway shall have the right-of-way.

(2) 10 MPH in any parking lot, flight line or hangar area, piers, wharfs, landings, or within 100 feet of any aircrafts.

(3) 15 MPH in any residential area, barracks or billeting area, training area, playground, recreational area, lyceum, or on any unpaved road.

( 4) 15 MPH in any posted school zone, during posted times.

305. Intoxicants.

a. Operating a motor vehicle under any impairment of intoxication caused by drugs or alcohol is a violation of Article 113 of the UCMJ and base policy.

b. Detection: Law enforcement personnel may detect drunk driving and or driving under the influence (DUI) of a drug/intoxicant by seeing unusual, abnormal, erratic, or illegal behavior by the driver. Other common ways of detecting drunk drivers are random sobriety checkpoints and on scene traffic accident investigations.

c. Driving While Impaired (DWI) or Driving Under the Influence (DUI). IA W reference (a), Chapter 4, Section Ill, para 4-11.

( 1) No person shall operate or be in actual physical control of a motor vehicle/cycle, golf cart, or bicycle while intoxicated or under the influence o{ alcoholic beverages, drugs, or other chemical substances, or impaired in any way. Actual physical control relates to a person, whether they are conscious or not, who:

(a) Is located in the front driver seat of the vehicle, if the vehicle is equipped with multiple rows of seats.

(b) Is in a position that would lead a prudent person to believe that there was, is, or will be intent to cause the vehicle to move.

(c) In the case of bicycles, the rider is observed riding the bike or straddling/seated on the bicycle in a manner consistent with operation.

(2) For the purpose of this section the following presumptions are made IAW reference (a) Chapter 4, Section III, para. 4-11, and reference ( c) enclosure (I).

( a) If the percentage of alcohol in the person's blood alcohol content (BAC) is less than 0.05 percent, it will be presumed the person is not under the influence of alcohol.

(b) DUI If the alcohol content of the driver's BAC is 0.05 percent but less than 0.08 percent, the driver may be presumed to have operated the vehicle while impaired. Security has the right to determine, utilizing other factors, if the driver is impaired while operating a vehicle, aircraft, or vessel.

(c) DWI Ifby reasons of probable cause or BAC content of the driver is greater than 0.08 percent, or if tests reflect the presence of illegal drugs, and/or the driver committed an offense consistent with impairment, the driver was driving while intoxicated.

(d) Anyone found to be operating a vehicle under the age of21 with a BAC greater than

0.01 percent, will be charged with DUL NSGB has a zero tolerance for underage drinking.

(e) DUI/DWI. If the BAC of the driver cannot be determined due to refusal of implied consent or the inability to consent, as defined in reference (a), Chapter 2, para. 2-3, the consideration of other competent evidence, such as Standardized Field Sobriety Tests (SFST) and/or the observations and opinions of witnesses/NSF concerning the existence/extent of impairment to drive may be used. Impairment is defined as any physiological, psychological, or perceptual effect that renders the person incapable of safe operation of a motor vehicle.

1- Law enforcement personnel usually detect drivers under the influence of alcohol or other drugs by observing unusual or abnormal driving behavior.

2,. Drivers showing such behavior will be stopped immediately.

J. The cause of the unusual driving behavior will be determined, and proper enforcement action will be taken.

d. Transporting and Consuming Alcoholic Beverages. No person may operate a motor vehicle:

( 1) While consuming any alcoholic beverage.

(2) With an open container of alcoholic beverage in their immediate possession. An open container is any bottle, can, or other receptacle containing any amount of an alcoholic beverage that has been opened, seal broken, or the contents of which have been partially removed.

(3) Immediate possession is defined as located in the area of a motor vehicle designed for seating of the operator of the motor vehicle to include anns reach of the operator including but not limited to the following:

(a) Glove compartment or similar container that is locked.

(b) Behind the front operator and passenger seats.

306. Implied Consent.

a. Implied consent to blood, breath, or urine tests. Persons who drive on the installation shall be deemed to have given their consent to evidential tests for alcohol or other drug content of their blood, breath, or urine when lawfully stopped, apprehended, or cited for any offense allegedly committed while driving or in physical control of a motor vehicle on military installations to determine the influence of intoxicants as per reference (a), Chapter 2, para. 2-3.

( l) Notification to Driver. A driver suspected of operating a motor vehicle while intoxicated and/or under the influence, who refuses any request for submittal of breath, blood, or urine for chemical testing to determine BAC and/or the presence of intoxicating substances will be in violation of "implied consent." NSF will warn the person that their driving privileges will be revoked if the person fails to voluntarily submit to or complete a requested test to measure the alcohol content in the blood, or detect the presence of any other drug as required by the installation traffic code.

(a) Failure to submit to such testing will result in the SO immediately suspending the driver's base driving privileges for one year, or until their mandatory court appearance and pending resolution of charges.

1- Appearance at Traffic Court is not necessary to award revocation of driving privileges due to refusal of implied consent.

2_. Appeal process and request for restricted driving privileges do not apply for this offense.

(b) Driver does not have the right to have an attorney present before stating whether he or she will submit a test, or during the actual test.

(c) Involuntary extraction of bodily fluid pertains only to the investigation of individuals stopped, apprehended, or cited on a military installation for any offense related to driving a motor vehicle and for whom probable cause exists that the driver was intoxicated. Involuntary extraction must be based on valid search and seizure authorization. An individual subject to the UCMJ who does not consent to chemical testing, may nonetheless be subjected to an involuntary extraction of bodily fluids, including blood and urine, JAW Ref (a).

(d) Immediate suspension ofNSGB command POV driving privileges pending resolution of an intoxicated driving incident is authorized for active duty military personnel, family members, retired members of the military services, DOD civilian personnel, and others with installation or overseas command driving privileges, regardless of the geographic location of the intoxicated driving incident. Suspension is authorized for non- DOD affiliated civilians only with respect to incidents occurring on NSGB lAW reference (a), Chapter 2, para. 2-4.

(2) Persons Unable to Give Consent. Any person, who is unconscious, or otherwise in a condition rendering them incapable of understanding, shall be considered not to have withdrawn his/her consent. However, no such tests shall be administered unless otherwise independently indicated for medical reasons, safety investigation purposes, or pursuant to command authorization based upon probable cause.

b. Implied consent to impoundment. Any person granted the privilege to operate or register a motor vehicle on a military installation shall be deemed to have given his or her consent for the removal and temporary impoundment of the POV when it is parked illegally, or for unreasonable periods, as determined by the installation commander or applicable authority, interfering with military operations, creating a safety hazard, disabled by accident, left unattended in a restricted or controlled area, or abandoned. Such persons further agree to reimburse the United States for the cost of towing and storage should their motor vehicle be removed or impounded. Existence of these conditions will be determined by the installation commander or designee IAW reference (a), Chapter 2, para 2-3. See Chapter 5 of this instruction for further guidance on impoundment and procedures.

307. lnformal Administrative Hearing. Each person cited for a violation of this code may appear at an informal administrative hearing at the NSGB Traffic Court.

a. Nature of the Proceeding. A hearing before the NSGB Traffic Court is an informal administrative proceeding. Judicial concepts such as reasonable doubt, confrontation, right to counsel, and the rules of evidence applicable to criminal or civil judicial trials do not apply.

(1) All personnel with a "MANDATORY" magistrate appearance who are facing a citation which could result in a suspension or revocation of privileges, shall be accompanied by a command representative/ supervisor.

(2) The representative shall be an E7 or above, or one rank higher if personnel are E7 or above.

(3) Civilian and contractors shall be accompanied by their first line supervisor. lf they are a supervisor, they shall be accompanied by the person directly over them.

b. Traffic Magistrate Actions. After considering all available information, the Traffic Magistrate shall take one of the following actions with respect to the citation:

( 1) Dismiss the citation.

(2) Dismiss the citation with a warning.

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(3) Enter a finding of liable to the cited violation, in which case the Traffic Magistrate shall assess points, suspension, or revocation.

( 4) Enter a finding of liable to a lesser included offense than cited, in which case the Traffic Magistrate shall assess points or revocation for that lesser included offense.

(5) Have the citation rescheduled to a later date pending additional information.

c. Traffic Courts are held every second Wednesday of the month. Times and locations are subject to change. Contact the ATFP LCPO//LPO at 747-458-4505 for further information.

d. Drivers who are subject to mandatory court appearance and fail to attend without proper notification to the Magistrate or the VRO, shall receive immediate suspension of driving privileges until the next traffic court is available.

308. Adjudications of DWI/DUI Influence Citation. NSGB retains the authority to conduct Article 15 proceedings and/or forward for court-martial proceedings under the UCMJ on all military violators under NSGB jurisdiction regardless of the plea to the citation. Civilian violators, in addition to losing driving privileges, may also be subject to debarment.

309. Motor Vehicle Collision (Traffic Accidents). When a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction, such as a tree, pole, building, etc.

a. Drivers must immediately report all traffic accidents to NSGB emergency services (911) after ensuring the scene is safe.

( 1) Ensure NSF arrive on scene and assist in completion of the required documents.

(2) Exchange names and addresses with the other driver.

(3) Do not move the vehicles unless directed by NSF, Fire, or a higher authority.

(4) Drivers must remain on the scene of the accident and not leave said scene.

b. Drivers that do not remain on scene until arrival of NSF shall be subject to a traffic violation and could face revocation of driving privileges from the Traffic Magistrate.

(5) Operators involved in any accident which might result in claims for or against the U.S.

Government shall neither admit responsibility, orally or in writing, nor offer to settle any claim made by any interested persons at the scene of the accident.

(6) All traffic accidents…