Officers shall provide direction for the safe
movement of vehicular and pedestrian traffic
and take actions to enforce traffic law violations.
Special procedures are required at times for
nonresidents, juveniles, legislators, foreign
diplomats/consular officials, and military personnel.
TRAFFIC CONTROL
A. Traffic direction and control functions
may be performed by unmanned mechanical devices,
signals, and signs or by police officers manually
operating traffic control devices.
B. Police officers shall direct traffic at
times and places where police intervention is
required, such as traffic collisions, fires,
power outages, and adverse weather and road conditions.
They shall continue until the traffic problem is
solved or until a temporary traffic control device
can be set up or installed.
C. Officers may be assigned to perform specific
traffic control functions at special events, such as
parades or athletic contests.
D. While engaged in traffic control, officers
are prohibited from using cellular telephones or
other electronic audio devices, except for authorized equipment.
MANUAL DIRECTION OF TRAFFIC
A. Personnel assigned or authorized to direct
traffic shall wear police-issued reflective outerwear,
as well as white gloves, issued police hat or optional police baseball cap,
and/or equipment as required by the Occupational Safety
and Health Administration (OSHA) standards. Certain
emergency situations may prevent the full use of this equipment.
B. Uniform signals and directions shall be
used in accordance with the attachment to this policy.
C. Traffic Direction at Fire Scenes
Officers will coordinate their efforts with the
fire department to provide crowd control and
adequate safety measures for vehicular and
pedestrian traffic. They will maintain access
to and from the scene of the fire for emergency
vehicles and ensure that vehicles do not obstruct emergency operations.
D. Traffic Direction for Adverse Road and Weather Conditions
1. Adverse road conditions may include,
but are not limited to, objects that have
fallen onto the roadway and engineering hazards,
such as exposed ends of guardrails or downed power lines.
Weather conditions include, for example, flooding, fog, and heavy rain.
2. Upon discovering an adverse road or
weather-related condition, officers shall take
appropriate action, which might include the following:
a. If feasible, immediately rectifying the situation;
b. Notifying dispatch of the condition and
requesting that the appropriate agency be contacted
to assist or correct the hazard; or
c. Providing traffic control.
E. Traffic Direction at Motor Vehicle Collisions
The responding officer must assess the hazards
present at the scene of a motor vehicle collision
to prevent further damage to life or property.
Officers should consider the present traffic
conditions and the road and weather conditions.
F. Major Traffic Tie-Ups
1. A major traffic tie-up is a roadway
closure or traffic restriction that causes
significant traffic congestion. It does not
include congestion occurring as a result of typical
peak-hour traffic.
2. Components of the incident command system
shall be implemented during major traffic tie-ups.
3. The field lieutenant for the district in which
the incident occurs shall inform his or her bureau
chief as soon as practicable. Information should
include the following:
a. The date, time, and location of the incident;
b. The time of the road closure and reopening;
c. The number of closed and opened lanes and if traffic was rerouted;
d. If the media was notified and present at the scene;
e. The number of officers assigned and present at the scene by element; and
f. The synopsis of the incident (including the reason for closure, type of incident, and report number).
TRAFFIC ENFORCEMENT
A. Traffic enforcement is to encourage
voluntary compliance with traffic laws. The
ultimate purpose of the stop is to favorably
alter the violator’s future driving habits.
B. For the safe movement of vehicles and
pedestrians, the emphasis should be placed on
the quality rather than the quantity of citations.
C. Actions should be commensurate with laws
and take into account the severity of the
violation(s) committed. Warnings or other
nonpunitive measures should be substituted for
arrests or citations when circumstances warrant.
D. The officer’s attitude should help minimize
conflict and facilitate a professional interaction.
E. Speed Violations
Officers may use discretion when deciding whether
a warning or citation is appropriate. To promote
collision reduction programs and gain the highest
possible level of voluntary compliance with speed
limits, officers should take enforcement action whenever possible.
1. It is important to consider the weather
conditions, traffic volume, pedestrian traffic, and location.
2. Officers must remember that there is a
direct correlation between speeding and motor
vehicle collisions, which result in injuries and fatalities.
F. Hazardous Moving and Equipment Violations
Violations of traffic laws or regulations affect
the safe use of streets or highways. Officers
may cite or arrest as authorized by law for
hazardous moving violations and for operating
unsafe or improperly equipped vehicles.
G. Off-Road Recreational Vehicles
Officers shall enforce appropriate traffic
or criminal laws that involve off-road or recreational vehicles.
H. Other Violations
1. Officers shall enforce laws in the
same manner for public carriers and commercial
vehicles as for the general motoring public.
2. Officers may cite or issue a warning for
nonhazardous violations and minor traffic infractions.
3. Multiple violations shall follow the same
arrest and warning tolerance as single violations.
Officers may issue citations for any additional violations.
4. For violations resulting in motor vehicle
collisions, refer to Policy 6.08, MOTOR VEHICLE COLLISIONS.
5. Officers shall take appropriate enforcement
action when they observe traffic violations by pedestrians or bicyclists.
I. Enforcement of newly enacted laws or
regulations shall be consistent with this policy.
J. Special Processing
1. Diplomatic and Consular Officials
a. Duly accredited agents or members of
the administrative and technical staff of a
foreign mission shall be accorded privileges,
rights, and immunities as directed by international
law and federal statute. These officials shall
be treated with the courtesy and respect befitting
their distinguished positions. Without prejudice
to their privileges and immunities, such persons
also have a duty to respect local laws and regulations.
Levels of diplomatic immunity include the following:
(1) Diplomatic agents (ambassadors, designated
ministers, counselors, etc., and members of their
families who are not nationals of the United States)
have full immunity from arrest, detention, or
prosecution for any criminal offense.
They also have immunity from civil process unless
the action involves certain private activities outside
of their official functions;
(2) If they are not nationals or permanent residents
of the United States, members of the administrative
and technical staff of diplomatic missions
(administrators, security, communications personnel,
clerks, etc., and members of their families) have
full immunity from arrest, detention, or prosecution
for any criminal offense and immunity from civil process
if the actions were carried out in their official capacity.
Family members are not immune from civil actions;
(3) Members of the service staff of diplomatic
missions (guards, drivers, messengers, etc.) do
not have immunity from detention or arrest.
However, they may assert immunity for actions
carried out in the course of their official duties
within any judicial or administrative process.
Family members have no jurisdictional immunity;
c. The number of closed and opened lanes and if traffic was rerouted;
d. If the media was notified and present at the scene;
e. The number of officers assigned and present at the scene by element; and
f. The synopsis of the incident (including the reason for closure, type of incident, and report number).
(4) Private servants of embassy personnel have no immunity.
(5) Diplomatic and official documents, records,
and archives are inviolable wherever located and may
not be searched. This also applies to papers and
correspondence of persons entitled to immunity.
(6) Honorary consuls are not immune from arrest
or detention and are not entitled to personal immunity
from civil and criminal jurisdiction except regarding
official acts performed in the exercise of their
consular functions. Appropriate steps must be provided
to accord such officers the protection required by
virtue of their official position.
b. Determination of the scope of “official acts”
or functional immunity may ultimately be determined by
a court having appropriate jurisdiction. The assertion
by the individual at the scene of an incident does not
establish a barrier to the arrest or other appropriate
handling of the person by law enforcement authorities.
c. Handling Violations or Minor Offenses
(1) Moving Traffic Violations: Stopping a
diplomatic or consular officer to issue a traffic
citation or warning does not constitute an arrest
or detention and is permissible. Officers should
not hesitate to follow normal procedures and intervene
when they observe traffic violations, even if immunity
ultimately bars any further action at the scene.
(2) Driving Under the Influence of Alcohol:
The primary consideration is to insure that the
official is not a danger to his or her self or
others. After verifying the official status and
immunity of the individual, there are several options available:
a) take the official to the district station
or a location where the person can recover sufficiently to drive safely;
b) take the official to a telephone where a
friend or relative can be called to come and pick
up the official, and wait for their arrival; or
c) arrange for a taxi or transport the official
to his or her destination.
(3) The official, if entitled to criminal
immunity, should not be subjected to any sobriety
or other mandatory tests. Except in extreme cases,
the official should not be restrained.
(4) The property, including the vehicle, of
the person who has full immunity may not be
searched or seized. Vehicles may not be impounded
but may be towed the distance necessary to remove
it from obstructing traffic or endangering public safety.
(5) Officers stopping diplomatic or consular
officers shall fully document the facts of the
incident and the identity of the individual. A
written report of the incident shall be forwarded
through the chain of command to the Chief of Police,
who will have a copy forwarded to the Office of
Foreign Missions, U.S. Department of State, 3507
International Place, NW, Washington, DC 20008-3034.
For serious cases, the Department of State may be called at (202) 895-3522.
(6) The Department of State has a policy of
suspending the operator’s license of foreign
mission personnel not considered to be responsible.
All driving-related infractions should be fully reported to them.
2. Legislators
Constitutional immunity extends only to situations
in which there is an actual physical detention of
a legislator en route to, during, or returning from
a legislative session, unless a felony crime or
“breach of the peace” is committed.
a. This immunity is a privilege from the
process of arrest, not from prosecution. A
warrant of arrest can be sworn after the
legislative session is over, when the legislator
can be arrested for any criminal offense committed
during the legislative session.
b. Legislators may be arrested and detained
for felony crimes or “breach of the peace.” They
are not immune from receipt of a parking ticket
(which is not an arrest) nor a moving violation citation.
3. Military Personnel
Military personnel are not exempt from arrest
for criminal offenses or traffic violations.
However, police officers shall use their discretion
when dealing with members of the armed forces.
Military personnel are exempt from having a
valid state driver’s license when operating
any military, government, or government-leased
vehicle. However, they should have a valid government driver’s license.
4. Juveniles
a. A juvenile charged with minor traffic
violations will be handled the same as an adult
violator. However, the officer will designate
the proper juvenile court appearance date, time, and procedure.
b. A juvenile charged with a criminal offense
or major traffic offense (e.g., no driver’s license
or Operating a Vehicle Under the Influence of an
Intoxicant) shall be taken into custody by the officer.
(1) If circumstances permit the release of
the juvenile at the scene, a parent or guardian
should be contacted and arrangements made to
place the arrested juvenile in their custody.
(2) If circumstances do not permit the release
of the juvenile at the scene, the juvenile will be
transported to the district station for processing
in accordance with procedures.
5. Nonresidents
a. When a resident of another state is
issued a traffic citation, the violator will
be instructed to clear the citation in the same manner as a resident.
b. If the violator is arrested for a
criminal or traffic offense and charged, bail
will be set in accordance with the established guidelines.