76526 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

DEPARTMENT OF DEFENSE

Department of the Army 

32 CFR Part 634 

RIN 0702–AA43 

Motor Vehicle Traffic Supervision

AGENCY: Department of the Army, DoD.

ACTION: Proposed rule; request for 

comments. 

SUMMARY: The Department of the Army 

proposes to revise its regulation 

concerning motor vehicle traffic 

supervision. The regulation prescribes 

policies and procedures on motor 

vehicle traffic supervision on military 

installations in the continental United 

States and overseas areas, including 

registration of privately owned vehicles; 

granting, suspending, or revoking the 

privilege to operate a privately owned 

vehicle on a military installation; 

administration of the vehicle 

registration program; driver 

improvement programs; police traffic 

supervision; and off-installation traffic 

activities.

DATES: Comments submitted to the 

address below on or before February 22, 

2005 will be considered.

ADDRESSES: You may submit comments, 

identified by ‘‘32 CFR Part 634 and RIN 

0702–AA43’’ in the subject line, by any 

of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-Mail: 

nathan.evans3@us.army.mil. Include 32 

CFR part 634 and RIN 0702–AA43 in 

the subject line of the message. 

• Mail: Headquarters, Department of 

the Army, Office of the Provost Marshal 

General, ATTN: DAPM–MPD–LE, 

2800 Army Pentagon, Washington, DC 

20310–2800.

FOR FURTHER INFORMATION CONTACT:

Nathan Evans (703) 693–2126.

SUPPLEMENTARY INFORMATION: 

A. Background 

This rule was previously published. 

The Administrative Procedure Act, as 

amended by the Freedom of Information 

Act requires that certain policies and 

procedures and other information 

concerning the Department of the Army 

be published in the Federal Register. 

The policies and procedures covered by 

this regulation fall into that category. 

B. Regulatory Flexibility Act 

The Department of the Army has 

determined that the Regulatory 

Flexibility Act does not apply because 

the proposed rule does not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. 

C. Unfunded Mandates Reform Act 

The Department of the Army has 

determined that the Unfunded 

Mandates Reform Act does not apply 

because the proposed rule does not 

include a mandate that may result in 

estimated costs to State, local or tribal 

governments in the aggregate, or the 

private sector, of $100 million or more. 

D. National Environmental Policy Act

The Department of the Army has 

determined that the National 

Environmental Policy Act does not 

apply because the proposed rule does 

not have an adverse impact on the 

environment. 

E. Paperwork Reduction Act 

The Department of the Army has 

determined that the Paperwork 

Reduction Act does not apply because 

the proposed rule does not involve 

collection of information from the 

public. 

F. Executive Order 12630 (Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights) 

The Department of the Army has 

determined that Executive Order 12630 

does not apply because the proposed 

rule does not impair private property 

rights. 

G. Executive Order 12866 (Regulatory 

Planning and Review) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 12866 this 

proposed rule is not a significant 

regulatory action. As such, the proposed 

rule is not subject to Office of 

Management and Budget review under 

section 6(a)(3) of the Executive Order. 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risk and Safety Risks) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13045 this 

proposed rule does not apply. 

I. Executive Order 13132 (Federalism) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13132 this 

proposed rule does not apply because it 

will not have a substantial effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government.

Jeffery B. Porter, 

Chief, Law Enforcement Policy and Oversight 

Section.

List of Subjects in 32 CFR Part 634 

Crime. Investigations. Law. Law 

enforcement. Law enforcement officers. 

Military law. Penalties.

For reasons stated in the preamble the 

Department of the Army proposes to 

revise 32 CFR part 634 to read as 

follows:

PART 634—MOTOR VEHICLE TRAFFIC 

SUPERVISION

Subpart A—Introduction 

Sec. 

634.1 Purpose. 

634.2 References. 

634.3 Explanation of abbreviations and 

terms. 

634.4 Responsibilities. 

634.5 Program objectives.

Subpart B—Driving Privileges 

634.6 Requirements for driving privileges. 

634.7 Stopping and inspecting personnel or 

vehicles. 

634.8 Implied consent. 

634.9 Suspension or revocation of driving 

or Privately Owned Vehicle registration 

privileges. 

634.10 Remedial driver training programs. 

634.11 Administrative due process for 

suspensions and revocations. 

634.12 Army Administrative actions against 

intoxicated drivers. 

634.13 Alcohol and drug abuse programs. 

634.14 Restoration of driving privileges 

upon acquittal of intoxicated driving. 

634.15 Restricted driving privileges or 

probation. 

634.16 Reciprocal State-Military action. 

634.17 Extensions of suspensions and 

revocations. 

634.18 Reinstatement of driving privileges.

Subpart C—Motor Vehicle Registration 

634.19 Registration policy. 

634.20 Privately Owned Vehicle operation 

requirements. 

634.21 Department of Defense Form 2220. 

634.22 Termination or denial of 

registration. 

634.23 Specified consent to impoundment.

Subpart D—Traffic Supervision 

634.24 Traffic planning and codes. 

634.25 Installation traffic codes. 

634.26 Traffic law enforcement principles. 

634.27 Speed-measuring devices. 

634.28 Traffic accident investigation. 

634.29 Traffic accident investigation 

reports. 

634.30 Use of traffic accident investigation 

report data. 

634.31 Parking. 

634.32 Traffic violation reports. 

634.33 Training of law enforcement 

personnel. 

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634.34 Blood alcohol concentration 

standards. 

634.35 Chemical testing policies and 

procedures. 

634.36 Detection, apprehension, and testing 

of intoxicated drivers. 

634.37 Voluntary breath and bodily fluid 

testing based on implied consent. 

634.38 Involuntary extraction of bodily 

fluids in traffic cases. 

634.39 Testing at the request of the 

apprehended person 

634.40 General off installation traffic 

activities. 

634.41 Compliance with State laws. 

634.42 Civil-military cooperative programs.

Subpart E—Driving Records and the Traffic 

Point System 

634.43 Driving records. 

634.44 The traffic point system. 

634.45 Point system application. 

634.46 Point system procedures. 

634.47 Disposition of driving records.

Subpart F—Impounding Privately Owned 

Vehicles 

634.48 General. 

634.49 Standards for impoundment. 

634.50 Towing and storage. 

634.51 Procedures for impoundment. 

634.52 Search incident to impoundment 

based on criminal activity. 

634.53 Disposition of vehicles after 

impoundment.

Subpart G—List of State Driver’s License 

Agencies 

634.54 List of State Driver’s License 

Agencies.

Authority: 10 U.S.C. 30112(g); 5 U.S.C. 

2951; Pub. L. 89–564; 89–670; 91–605; and 

93–87.

Subpart A—Introduction

§ 634.1 Purpose. 

(a) This subpart establishes policy, 

responsibilities, and procedures for 

motor vehicle traffic supervision on 

military installations in the continental 

United States (CONUS) and overseas 

areas. This includes but is not limited 

to the following: 

(1) Granting, suspending, or revoking 

the privilege to operate a privately 

owned vehicle (POV). 

(2) Registration of POVs. 

(3) Administration of vehicle 

registration and driver performance 

records. 

(4) Driver improvement programs. 

(5) Police traffic supervision. 

(6) Off-installation traffic activities. 

(b) Commanders in overseas areas are 

authorized to modify these policies and 

procedures in the following instances:

(1) When dictated by host nation 

relationships, treaties, and agreements. 

(2) When traffic operations under 

military supervision necessitate 

measures to safeguard and protect the 

morale, discipline, and good order in 

the Services.

§ 634.2 References. 

Required and related publications 

along with prescribed and referenced 

forms are listed in Appendix A, AR 

190–5.

§ 634.3 Explanation of abbreviations and 

terms. 

Abbreviations and special terms used 

in this subpart are explained in the 

Glossary of AR 190–5.

§ 634.4 Responsibilities. 

(a) Departmental. The Provost 

Marshal General, Headquarters, 

Department of the Army (HQDA); 

Director, Naval Criminal Investigative 

Service, U.S. Navy (USN); Headquarters, 

Air Force Security Forces Center; 

Headquarters, U.S. Marine Corps 

(USMC); Staff Director, Command 

Security Office, Headquarters, Defense 

Logistics Agency (DLA), and Chief, 

National Guard Bureau will—

(1) Exercise staff supervision over 

programs for motor vehicle traffic 

supervision. 

(2) Develop standard policies and 

procedures that include establishing an 

automated records program on traffic 

supervision. 

(3) Maintain liaison with interested 

staff agencies and other military 

departments on traffic supervision. 

(4) Maintain liaison with 

departmental safety personnel on traffic 

safety and accident reporting systems. 

(5) Coordinate with national, regional, 

and state traffic officials and agencies, 

and actively participate in conferences 

and workshops sponsored by the 

Government or private groups at the 

national level. 

(6) Help organize and monitor police 

traffic supervision training. 

(7) Maintain liaison with the 

Department of Transportation (DOT) 

and other Federal departments and 

agencies on the National Highway 

Safety Program Standards (NHSPS) and 

programs that apply to U.S. military 

traffic supervision. 

(8) Participate in the national effort to 

reduce intoxicated driving. 

(b) All major commanders. Major 

commanders of the Army, Navy, Air 

Force, Marine Corps, and DLA will—

(1) Manage traffic supervision in their 

commands. 

(2) Cooperate with the support 

programs of state and regional highway 

traffic safety organizations. 

(3) Coordinate regional traffic 

supervision activities with other major 

military commanders in assigned 

geographic areas of responsibility. 

(4) Monitor agreements between 

installations and host state authorities 

for reciprocal reporting of suspension 

and revocation of driving privileges. 

(5) Participate in state and host nation 

efforts to reduce intoxicated driving. 

(6) Establish awards and recognition 

programs to recognize successful 

installation efforts to eliminate 

intoxicated driving. Ensure that criteria 

for these awards are positive in nature 

and include more than just 

apprehensions for intoxicated driving. 

(7) Modify policies and procedures 

when required by host nation treaties or 

agreements. 

(c) Major Army commanders. Major 

Army commanders will ensure 

subordinate installations implement all 

provisions of this part. 

(d) Commanding General, U.S. Army 

Training and Doctrine Command (CG, 

TRADOC). The CG, TRADOC will 

ensure that technical training for 

functional users is incorporated into 

service school instructional programs. 

(e) Installation or activity commander, 

Director of Military Support and State 

Adjutant General. The installation or 

activity commander (for the Navy, the 

term installation shall refer to either the 

regional commander or installation 

commanding officer, whoever has 

ownership of the traffic program) will—

(1) Establish an effective traffic 

supervision program. 

(2) Cooperate with civilian police 

agencies and other local, state, or federal 

government agencies concerned with 

traffic supervision. 

(3) Ensure that traffic supervision is 

properly integrated in the overall 

installation traffic safety program. 

(4) Actively participate in Alcohol 

Safety Action Projects (ASAP) in 

neighboring communities. 

(5) Ensure that active duty Army law 

enforcement personnel follow the 

provisions of AR 190–45 in reporting all 

criminal violations and utilize the 

Centralized Police Operations Suite 

(COPS) to support reporting 

requirements and procedures. Air Force 

personnel engaged in law enforcement 

and adjudication activities will follow 

the provisions of AFI 31–203 in 

reporting all criminal and traffic 

violations, and utilized the Security 

Forces Management Information 

Systems (SFMIS) to support reporting 

requirements and procedures. 

(6) Implement the terms of this part in 

accordance with the provisions of the 

Federal Service Labor-Management 

Relations Statute, 5 U.S.C. Chapter 71. 

(7) Revoke driving privileges in 

accordance with this part. 

(f) Installation law enforcement 

officer. The installation law 

enforcement officer will—

(1) Exercise overall staff responsibility 

for directing, regulating, and controlling 

76528 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

traffic, and enforcing laws and 

regulations pertaining to traffic control. 

(2) Assist traffic engineering functions 

at installations by participating in traffic 

control studies designed to obtain 

information on traffic problems and 

usage patterns. 

(g) Safety officer. Safety officers will 

participate in and develop traffic 

accident prevention initiatives in 

support of the installation traffic safety 

program. 

(h) Facility engineer (public works 

officer at Navy installations). The 

facility engineer, engineer officer or 

civil engineer at Air Force installations, 

in close coordination with the law 

enforcement officer, will: 

(1) Perform that phase of engineering 

concerned with the planning, design, 

construction, and maintenance of 

streets, highways, and abutting lands. 

(2) Select, determine appropriate 

design, procure, construct, install, and 

maintain permanent traffic and parking 

control devices in coordination with the 

law enforcement officer and installation 

safety officer. 

(3) Ensure that traffic signs, signals, 

and pavement markings conform to the 

standards in the current Manual on 

Uniform Traffic Control Devices for 

Streets and Highways.

(4) Ensure that planning, design, 

construction, and maintenance of streets 

and highways conform to the NHSPS as 

implemented by the Army. 

(i) Traffic engineer. The traffic 

engineer, in close coordination with the 

law enforcement officer, will: 

(1) Conduct formal traffic engineering 

studies. 

(2) Apply traffic engineering 

measures, including traffic control 

devices, to reduce the number and 

severity of traffic accidents. (If there is 

no installation traffic engineer, 

installation commanders may request 

these services through channels from 

the Commander, Military Surface 

Deployment and Distribution 

Command, 200 Stovall Street, 

Alexandria, VA 22332). 

(j) Army Alcohol and Drug Control 

Officer (ADCO). The ADCO will provide 

treatment and education services to 

personnel with alcohol or drug abuse 

problems. 

(k) Navy Substance Abuse 

Rehabilitation Program (SARP) 

Directors. These directors will—

(1) Supervise the alcohol/drug 

rehabilitation services to personnel with 

alcohol or drug abuse problems. 

(2) Provide remedial/motivational 

education for all persons identified as 

alcohol or drug abusers who are 

evaluated as not dependent on alcohol 

or drugs and who have been referred to 

level one rehabilitation by their 

commands. 

(l) Marine Corps Substance Abuse 

Program Officer. This officer will 

provide alcohol/drug education, 

treatment, and rehabilitation services to 

personnel with alcohol/drug abuse 

problems. 

(m) DLA Employee Assistance 

Program Officer. This officer will 

provide alcohol/drug counseling and 

referral services to identified personnel 

with alcohol/drug abuse problems in 

accordance with procedures prescribed 

by the Labor Relations Officer, Office of 

Human Resource, HQ DLA. 

(n) Alcohol/Drug Abuse Prevention 

Treatment (ADAPT) program. Air Force 

Commanders will refer personnel 

identified with alcohol/drug abuse 

problems to this program in accordance 

with established procedures.

§ 634.5 Program objectives. 

(a) The objectives of motor vehicle 

traffic supervision are to assure—

(1) Safe and efficient movement of 

personnel and vehicles. 

(2) Reduction of traffic deaths, 

injuries, and property damage from 

traffic accidents. Most traffic accidents 

can be prevented. Investigation of motor 

vehicle accidents should examine all 

factors, operator status, vehicle 

condition, and supervisory control 

measures involved. 

(3) Integration of installation safety, 

engineering, legal, medical, and law 

enforcement resources into the 

installation traffic planning process. 

(4) Removal of intoxicated drivers 

from installation roadways.

Subpart B—Driving Privileges

§ 634.6 Requirements for driving 

privileges. 

(a) Driving a Government vehicle or 

POV on military installations is a 

privilege granted by the installation 

commander. Persons who accept the 

privilege must—

(1) Be lawfully licensed to operate 

motor vehicles in appropriate 

classifications and not be under 

suspension or revocation in any state or 

host country. 

(2) Comply with laws and regulations 

governing motor vehicle operations on 

any U. S. military installation. 

(3) Comply with installation 

registration requirements in Subpart C 

of this part. Vehicle registration is 

required on all Army installations 

through use of the Vehicle Registration 

System (VRS). Vehicle registration is 

required on all Air Force and DLA 

installations and as directed by the 

Chief, National Guard Bureau. 

(4) Possess, while operating a motor 

vehicle and produce on request by law 

enforcement personnel, the following: 

(i) Proof of vehicle ownership or state 

registration if required by the issuing 

state or host nation. 

(ii) A valid state, host nation, overseas 

command, or international driver’s 

license and/or OF 346 (U.S. Government 

Motor Vehicle Operator’s Identification 

Card), as applicable to the class vehicle 

to be operated, supported by a DD Form 

2A (U.S. Armed Forces Identification 

Card), Common Access Card (CAC) or 

other appropriate identification for nonDepartment of Defense (DOD) civilians. 

(iii) A valid record of motor vehicle 

safety inspection, as required by the 

state or host nation and valid proof of 

insurance if required by the state or 

locality. 

(iv) Any regulatory permits, or other 

pertinent documents relative to 

shipping and transportation of special 

cargo. 

(v) When appropriate, documents that 

establish identification and status of 

cargo or occupants.

(vi) Proof of valid insurance. Proof of 

insurance consists of an insurance card, 

or other documents issued by the 

insurance company, that has a policy 

effective date and an expiration date. 

(b) Operators of Government motor 

vehicles must have proof of 

authorization to operate the vehicle.

§ 634.7 Stopping and inspecting personnel 

or vehicles. 

(a) Government vehicles may be 

stopped by law enforcement personnel 

on military installations based on the 

installation commander’s policy. 

(1) In overseas areas, Government 

vehicles may be stopped on or off 

installations as determined by host 

nation agreement and command policy. 

(2) Stops and inspections of vehicles 

at installation gates or entry points and 

in restricted areas will be conducted 

according to command policy. 

(b) Stops and inspections of POVs 

within the military installation, other 

than at restricted areas or at an 

installation gate, are authorized only 

when there is a reasonable suspicion of 

criminal activity, or of a violation of a 

traffic regulation or of the installation 

commander’s policy. Marine Corps 

users will be guided by publication of 

Marine Corps order and Military Rules 

of Evidence 311–316 and local 

command regulations. DLA users, see 

DLAR 5700.7. 

(c) At the time of stop, the driver and 

occupants may be required to display all 

pertinent documents, including but not 

limited to: 

(1) DD Form 2A. 

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 76529

(2) Documents that establish the 

identity and status of civilians; for 

example, Common Access Card (CAC), 

DD Form 1173 (Uniformed Services 

Identification and Privilege Card), DA 

Form 1602 (Civilian Identification), AF 

Form 354 (Civilian Identification Card), 

DD Form 2 (Armed Forces of the United 

States Identification Card), post pass, 

national identity card, or other 

identification. 

(3) Proper POV registration 

documents. 

(4) Host nation vehicle registration 

documents, if applicable. 

(5) Authorization to operate a 

Government vehicle, if applicable. 

(6) Drivers license or OF 346 valid for 

the particular vehicle and area of 

operation. 

(7) Proof of insurance.

§ 634.8 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. 

(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. 

(c) Any person who operates, 

registers, or who is in control of a motor 

vehicle on a military installation 

involved in a motor vehicle or criminal 

infraction shall be informed that notice 

of the violation of law or regulation will 

be forwarded to the Department of 

Motor Vehicles (DMV) of the host state 

and/or home of record for the 

individual, and to the National Register, 

when applicable.

§ 634.9 Suspension or revocation of 

driving or Privately Owned Vehicle 

registration privileges. 

The installation commander or 

designee may for cause, or any lawful 

reason, administratively suspend or 

revoke driving privileges on the 

installation. The suspension or 

revocation of installation driving 

privileges or POV registrations, for 

lawful reasons unrelated to traffic 

violations or safe vehicle operation, is 

not limited or restricted by this part. 

(a) Suspension. (1) Driving privileges 

are usually suspended when other 

measures fail to improve a driver’s 

performance. Measures should include 

counseling, remedial driving training, 

and rehabilitation programs if violator is 

entitled to the programs. Driving 

privileges may also be suspended for up 

to 6 months if a driver continually 

violates installation parking regulations. 

The commander will determine 

standards for suspension based on 

frequency of parking violations and 

publish those standards. Aboard Navy 

installations, any vehicle parked in a 

fire lane will be towed at the owner’s 

expense. Any vehicle parked without 

authorization in an area restricted due 

to force protection measures may 

subject the driver to immediate 

suspension by the installation 

commanding officer. Vehicle will be 

towed at the owner/operator’s expense. 

(2) The installation commander has 

discretionary power to withdraw the 

authorization of active duty military 

personnel, DOD civilian employees, and 

nonappropriated funds (NAF) 

employees, contractors and 

subcontractors to operate Government 

vehicles. 

(3) Immediate suspension of 

installation or overseas 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 the installation or in areas 

subject to military traffic supervision. 

After a review of available information 

as specified in § 634.11, installation 

driving privileges will be immediately 

suspended pending resolution of the 

intoxicated driving accident in the 

following circumstances: 

(i) Refusal to take or complete a 

lawfully requested chemical test to 

determine contents of blood for alcohol 

or other drugs. 

(ii) Operating a motor vehicle with a 

blood alcohol content (BAC) of .08 

percent by volume (.08 grams per 100 

milliliters) or higher or in violation of 

the law of the jurisdiction that is being 

assimilated on the military installation. 

(iii) Operating a motor vehicle with a 

BAC of 0.05 percent by volume but less 

than 0.08 percent blood alcohol by 

volume in violation of the law of the 

jurisdiction in which the vehicle is 

being operated if the jurisdiction 

imposes a suspension solely on the 

basis of the BAC level (as measured in 

grams per 100 milliliters). 

(iv) On an arrest report or other 

official documentation of the 

circumstances of an apprehension for 

intoxicated driving. 

(b) Revocation. (1) The revocation of 

installation or overseas command POV 

driving privileges is a severe 

administrative measure to be exercised 

for serious moving violations or when 

other available corrective actions fail to 

produce the desired driver 

improvement. Revocation of the driving 

privilege will be for a specified period, 

but never less than 6 months, applies at 

all military installations, and remains in 

effect upon reassignment. 

(2) Driving privileges are subject to 

revocation when an individual fails to 

comply with any of the conditions 

requisite to the granting privilege (see

§ 634.6). Revocation of installation 

driving and registration privileges is 

authorized for military personnel, 

family members, civilian employees of 

DOD, contractors, and other individuals 

with installation driving privileges. For 

civilian guests, revocation is authorized 

only with respect to incidents occurring 

on the installation or in the areas subject 

to military traffic supervision. 

(3) Driving privileges will be revoked 

for a mandatory period of not less than 

1 year in the following circumstances: 

(i) The inst allation commander or 

designee has determined that the person 

lawfully apprehended for driving under 

the influence refused to submit to or 

complete a test to measure the alcohol 

content in the blood, or detect the 

presence of any other drug, as required 

by the law of the jurisdiction, or 

installation traffic code, or by Service 

directive. 

(ii) A conviction, nonjudicial 

punishment, or a military or civilian 

administrative action resulting in the 

suspension or revocation of driver’s 

license for intoxicated driving. 

Appropriate official documentation of 

such conviction is required as the basis 

for revocation. 

76530 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

(4) When temporary suspensions 

under paragraph (a)(3) of this section are 

followed by revocations, the period of 

revocation is computed beginning from 

the date the original suspension was 

imposed, exclusive of any period during 

which full driving privileges may have 

been restored pending resolution of 

charges. (Example: privileges were 

initially suspended on January 1, 2000 

for a charge of intoxicated driving with 

a BAC of 0.14 percent. A hearing was 

held, extreme family hardship was 

substantiated, and privileges were 

restored on February 1 pending 

resolution of the charge. On March 1, 

2000, the driver was convicted for 

intoxicated driving. The mandatory 1-

year revocation period will consist of 

January 2000 plus March 2000 through 

January 2001, for a total of 12 months 

with no installation driving privileges). 

(c) Army provost marshals will use 

the automated VRS to develop and 

maintain records showing that an 

individual’s driving privileges have 

been revoked.

§ 634.10 Remedial driver training 

programs. 

(a) Navy activities will comply with 

OPNAVINST 5100.12 Series, and 

Marine Corps activities with current 

edition of MCO 5100.19C for 

establishment of remedial training 

programs.

(b) Installation commanders may 

establish a remedial driver-training 

program to instruct and educate 

personnel requiring additional training. 

Personnel may be referred to a remedial 

program on the basis of their individual 

driving history or incidents requiring 

additional training. The curriculum 

should provide instruction to improve 

driving performance and compliance 

with traffic laws. 

(c) Installation commanders may 

schedule periodic courses, or if not 

practical, arrange for participation in 

courses conducted by local civil 

authorities. 

(d) Civilian personnel employed on 

the installation, contractor employees, 

and family members of military 

personnel may attend remedial courses 

on the installation, or similar courses off 

the installation which incur no expense 

to the government.

§ 634.11 Administrative due process for 

suspensions and revocations. 

(a) Individual Services will 

promulgate separate regulations 

establishing administrative due process 

procedures for suspension or revocation 

of driving privileges. The procedures in 

paragraphs (b) and (c) of this section 

apply to actions taken by Army 

commanders with respect to Army 

military personnel and family members 

and to civilian personnel operating 

motor vehicles on Army installations. 

For Marine Corps users, the provisions 

of this section apply. For Air Force 

users, a preliminary suspension for 

intoxicated driving remains in effect 

until the installation commander makes 

a final decision. Requested hearings 

must take place within a reasonable 

period, which is determined by the 

installation commander. 

(b) For offenses other than intoxicated 

driving, suspension or revocation of the 

installation driving privilege will not 

become effective until the installation 

commander or designee notifies the 

affected person and offers that person an 

administrative hearing. Suspension or 

revocation will take place 14 calendar 

days after written notice is received 

unless the affected person makes an 

application for a hearing within this 

period. Such application will stay the 

pending suspension or revocation for a 

period of 14 calendar days. 

(1) If, due to action by the 

government, a hearing is not held 

within 14 calendar days, the suspension 

will not take place until such time as 

the person is granted a hearing and is 

notified of the action of the installation 

commander or designee. However, if the 

affected person requests that the hearing 

be continued to a date beyond the 14-

day period, the suspension or 

revocation will become effective 

immediately on receipt of notice that 

the request for continuance has been 

granted, and remain in force pending a 

hearing at a scheduled hearing date. 

(2) If it is determined as a result of a 

hearing to suspend or revoke the 

affected person’s driving privilege, the 

suspension or revocation will become 

effective when the person receives the 

written notification of such action. In 

the event that written notification 

cannot be verified, either through a 

return receipt for mail or delivery 

through command channels, the hearing 

authority will determine the effective 

date on a case-by-case basis. 

(3) If the revocation or suspension is 

imposed after such hearing, the person 

whose driving privilege has been 

suspended or revoked will have the 

right to appeal or request 

reconsideration. Such requests must be 

forwarded through command channels 

to the installation commander within 14 

calendar days from the date the 

individual is notified of the suspension 

or revocation resulting from the 

administrative hearing. The suspension 

or revocation will remain in effect 

pending a final ruling on the request. 

Requests for restricted privileges will be 

considered per § 634.15. 

(4) If driving privileges are 

temporarily restored (i.e. for family 

hardship) pending resolution of charges, 

the period of revocation (after final 

authority determination) will still total 

the mandatory 12 months. The final 

date of the revocation will be adjusted 

to account for the period when the 

violator’s privileges were temporarily 

restored, as this period does not count 

towards the revocation time. 

(c) For drunk driving or driving under 

the influence offenses, reliable evidence 

readily available will be presented 

promptly to an individual designated by 

the installation commander for review 

and authorization for immediate 

suspension of installation driving 

privileges. 

(1) The reviewer should be any officer 

to include GS–11 and above, designated 

in writing by the installation or garrison 

commander whose primary duties are 

not in the field of law enforcement. 

(2) Reliable evidence includes witness 

statements, military or civilian police 

report of apprehension, chemical test 

results if completed, refusal to consent 

to complete chemical testing, 

videotapes, statements by the 

apprehended individual, field sobriety 

or preliminary breath tests results, and 

other pertinent evidence. Immediate 

suspension should not be based solely 

on published lists of arrested persons, 

statements by parties not witnessing the 

apprehension, or telephone 

conversations or other information not 

supported by documented and reliable 

evidence. 

(3) Reviews normally will be 

accomplished within the first normal 

duty day following final assembly of 

evidence.

(4) Installation commanders may 

authorize the installation law 

enforcement officer to conduct reviews 

and authorize suspensions in cases 

where the designated reviewer is not 

reasonably available and, in the 

judgment of the installation law 

enforcement officer, such immediate 

action is warranted. Air Force Security 

Forces personnel act in an advisory 

capacity to installation commanders. 

Review by the designated officer will 

follow as soon as practical in such 

cases. When a suspension notice is 

based on the law enforcement officer’s 

review, there is no requirement for 

confirmation notice following 

subsequent review by the designated 

officer. 

(5) For active duty military personnel, 

final written notice of suspension for 

intoxicated driving will be provided to 

the individual’s chain of command for 

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 76531

immediate presentation to the 

individual. Air Force Security Forces 

provide a copy of the temporary 

suspension to the individual at the time 

of the incident or may provide a copy 

of the final determination at the time of 

the incident, as pre-determined by the 

final action authority. 

(6) For civilian personnel, written 

notice of suspension for intoxicated 

driving will normally be provided 

without delay via certified mail. Air 

Force Security Forces personnel provide 

a copy of the temporary suspension to 

the individual at the time of the 

incident or may provide a copy of the 

final determination at the time of the 

incident, as pre-determined by the final 

action authority. If the person is 

employed on the installation, such 

notice will be forwarded through the 

military or civilian supervisor. When 

the notice of suspension is forwarded 

through the supervisor, the person 

whose privileges are suspended will be 

required to provide written 

acknowledgment of receipt of the 

suspension notice. 

(7) Notices of suspension for 

intoxicated driving will include the 

following: 

(i) The fact that the suspension can be 

made a revocation under § 634.9(b). 

(ii) The right to request, in writing, a 

hearing before the installation 

commander or designee to determine if 

post driving privileges will be restored 

pending resolution of the charge; and 

that such request must be made within 

14 calendar days of the final notice of 

suspension. 

(iii) The right of military personnel to 

be represented by counsel at his or her 

own expense and to present evidence 

and witnesses at his or her own 

expense. Installation commanders will 

determine the availability of any local 

active duty representatives requested. 

(iv) The right of Department of 

Defense civilian employees to have a 

personal representative present at the 

administrative hearing in accordance 

with applicable laws and regulations. 

(v) Written acknowledgment of 

receipt to be signed by the individual 

whose privileges are to be suspended or 

revoked. 

(8) If a hearing is requested, it must 

take place within 14 calendar days of 

receipt of the request. The suspension 

for intoxicated driving will remain in 

effect until a decision has been made by 

the installation commander or designee, 

but will not exceed 14 calendar days 

after the hearing while awaiting the 

decision. If no decision has been made 

by that time, full driving privileges will 

be restored until such time as the 

accused is notified of a decision to 

continue the suspension. 

(9) Hearing on suspension actions 

under § 634.9(a) for drunk or impaired 

driving pending resolution of charges 

will cover only the following pertinent 

issues of whether—

(i) The law enforcement official had 

reasonable grounds to believe the 

person was driving or in actual physical 

control of a motor vehicle under the 

influence of alcohol or other drugs. 

(ii) The person was lawfully cited or 

apprehended for a driving under the 

influence offense. 

(iii) The person was lawfully 

requested to submit his or her blood, 

breath, or urine in order to determine 

the content of alcohol or other drugs, 

and was informed of the implied 

consent policy (consequences of refusal 

to take or complete the test). 

(iv) The person refused to submit to 

the test for alcohol or other drug content 

of blood, breath, or urine; failed to 

complete the test; submitted to the test 

and the result was .08 or higher blood 

alcohol content, or between .05 and .08 

in violation of the law of the jurisdiction 

in which the vehicle in being operated 

if the jurisdiction imposes a suspension 

solely on the basis of the BAC level; or 

showed results indicating the presence 

of other drugs for an on-post 

apprehension or in violation of State 

laws for an off-post apprehension. 

(v) The testing methods were valid 

and reliable and the results accurately 

evaluated. 

(10) For revocation actions under 

§ 634.9(b)(3) for intoxicated driving, the 

revocation is mandatory on conviction 

or other findings that confirm the 

charge. (Pleas of nolo contendere are 

considered equivalent to guilty pleas.) 

(i) Revocations are effective as of the 

date of conviction or other findings that 

confirm the charges. Test refusal 

revocations will be in addition to any 

other revocation incurred during a 

hearing. Hearing authority will 

determine if revocations for multiple 

offenses will run consecutively or 

concurrently taking into consideration if 

offenses occurred on same occasion or 

different times, dates. The exception is 

that test refusal will be one year 

automatic revocation in addition to any 

other suspension. 

(ii) The notice that revocation is 

automatic may be placed in the 

suspension letter. If it does not appear 

in the suspension letter, a separate letter 

must be sent and revocation is not 

effective until receipt of the written 

notice. 

(iii) Revocations cancel any full or 

restricted driving privileges that may 

have been restored during suspension 

and the resolution of the charges. 

Requests for restoration of full driving 

privileges are not authorized. 

(11) The Army Vehicle Registration 

System will be utilized to maintain 

infractions by individuals on Army 

installations.

§ 634.12 Army administrative actions 

against intoxicated drivers. 

Army commanders will take 

appropriate action against intoxicated 

drivers. These actions may include the 

following: 

(a) A written reprimand, 

administrative in nature, will be issued 

to active duty Soldiers in the cases 

described in this paragraph (a). Any 

general officer, and any officer frocked 

to the grade of brigadier general, may 

issue this reprimand. Filing of the 

reprimand will be in accordance with 

the provisions of AR 600–37. 

(1) Conviction by courts-martial or 

civilian court or imposition of 

nonjudicial punishment for an offense 

of drunk or impaired driving either on 

or off the installation. 

(2) Refusal to take or failure to 

complete a lawfully requested test to 

measure alcohol or drug content of the 

blood, breath, or urine, either on or off 

the installation, when there is 

reasonable belief of driving under the 

influence of alcohol or drugs.

(3) Driving or being in physical 

control of a motor vehicle on post when 

the blood alcohol content is 0.08 

percent or higher, irrespective of other 

charges, or off post when the blood 

alcohol content is in violation of the law 

of the State involved. 

(4) Driving, or being in physical 

control of a motor vehicle, either on or 

off the installation, when lawfully 

conducted chemical tests reflect the 

presence of illegal drugs. 

(b) Review by the commander of the 

service records of active duty soldiers 

apprehended for offenses described in 

paragraph (a) of this section to 

determine if the following action(s) 

should be taken—

(1) Administrative reduction per AR 

600–8–19, or 

(2) Bar to reenlistment per AR 601–

280, or 

(3) Administrative separation per AR 

635–200.

§ 634.13 Alcohol and drug abuse 

programs. 

(a) Commanders will refer military 

personnel suspected of drug or alcohol 

abuse for evaluation in the following 

circumstances: 

(1) Behavior indicative of alcohol or 

drug abuse. 

76532 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

(2) Continued inability to drive a 

motor vehicle safely because of alcohol 

or drug abuse. 

(b) The commander will ensure 

military personnel are referred to the 

installation alcohol and drug abuse 

program or other comparable facilities 

when they are convicted of, or receive 

an official administrative action for, any 

offense involving driving under the 

influence. A first offender may be 

referred to treatment if evidence of 

substance abuse exists in addition to the 

offense of intoxicated driving. The 

provisions of this paragraph do not limit 

the commander’s prerogatives 

concerning other actions that may be 

taken against an offender under separate 

Service/Agency polices (Army, see AR 

600–85. Marine Corps, see MCO 

P1700.24B). 

(c) Active duty Army personnel 

apprehended for drunk driving, on or 

off the installation, will be referred to 

the local Army Substance Abuse 

Program (ASAP) for evaluation within 

14 calendar days to determine if the 

person is dependent on alcohol or other 

drugs which will result in enrollment in 

treatment in accordance with AR 600–

85. A copy of all reports on military 

personnel and DOD civilian employees 

apprehended for intoxicated driving 

will be forwarded to the installation 

alcohol and drug abuse facility. 

(d) Active duty Navy personnel 

apprehended for drunk driving on or off 

the installation will be screened by the 

respective SARP facility within 14 

calendar days to determine if the 

individual is dependent on alcohol or 

other drugs. Active duty Marines 

apprehended for intoxicated driving, on 

or off the installation, will be referred to 

interview by a Level II substance abuse 

counselor within 14 calendar days for 

evaluation and determination of the 

appropriate level of treatment required. 

Subsequent to this evaluation, the 

Marine will be assigned to the 

appropriate treatment programs as 

prescribed by MCO P1700.24B. 

(e) The Services/Agencies may 

develop preventive treatment and 

rehabilitative programs for civilian 

employees with alcohol-related 

problems. 

(f) Army supervisors of civilian 

employees apprehended for intoxicated 

driving will advise employees of ASAP 

services available. Civilian employees 

apprehended for intoxicated driving 

while on duty will be referred to the 

ASAP or comparable facility for 

evaluation in accordance with AR 600–

85. Army commanders will ensure that 

sponsors encourage family members 

apprehended for drunk driving seek 

ASAP evaluation and assistance. 

(g) Navy and DLA civilian personnel 

charged with intoxicated driving will be 

referred to the Civilian Employee 

Assistance Program in accordance with 

5 CFR part 792. Such referral does not 

exempt the employee from appropriate 

administrative or disciplinary actions 

under civilian personnel regulations. 

(h) Marine Corps civilian employees 

charged with intoxicated driving, on or 

off the installation, will be referred to 

the Employee Assistance Program as 

prescribed by MCO P1700.24B. Marine 

family members charged with 

intoxicated driving, on or off the 

installation, will be provided assistance 

as addressed in MCO P1700.24B. Such 

referral and assistance does not exempt 

the individual from appropriate 

administrative or disciplinary action 

under current civilian personnel 

regulations or State laws. 

(i) For the Army, DLA, and the Marine 

Corps, installation driving privileges of 

any person who refuses to submit to, or 

fails to complete, chemical testing for 

blood-alcohol content when 

apprehended for intoxicated driving, or 

convicted of intoxicated driving, will 

not be reinstated unless the person 

successfully completes either an alcohol 

education or treatment program 

sponsored by the installation, state, 

county, or municipality, or other 

program evaluated as acceptable by the 

installation commander. 

(j) Active duty Air Force personnel 

apprehended for drunk driving, on or 

off the installation, will be referred by 

their respective chain of command to 

the Air Force Substance Abuse office for 

evaluation in accordance with AFI 44–

121/Alcohol Drug Abuse & Treatment 

Program, and local policies within 

seven days. 

(k) Local installation commanders 

will determine if active duty Air Force 

personnel involved in any alcohol 

incident will immediately be subjected 

to a urinalysis for drug content. If 

consent is not given for the test, a 

command-directed test will be 

administered in accordance with local 

policies.

§ 634.14 Restoration of driving privileges 

upon acquittal of intoxicated driving. 

The suspension of driving privileges 

for military and civilian personnel shall 

be restored if a final disposition 

indicates a finding of not guilty, charges 

are dismissed or reduced to an offense 

not amounting to intoxicated driving, or 

where an equivalent determination is 

made in a nonjudicial proceeding. The 

following are exceptions to the rule in 

which suspensions will continue to be 

enforced. 

(a) The preliminary suspension was 

based on refusal to take a BAC test. 

(b) The preliminary suspension 

resulted from a valid BAC test (unless 

disposition of the charges was based on 

invalidity of the BAC test). In the case 

of a valid BAC test, the suspension will 

continue, pending completion of a 

hearing as specified in § 634.11. In such 

instances, the individual will be 

notified in writing that the suspension 

will continue and of the opportunity to 

request a hearing within 14 calendar 

days. 

(1) At the hearing, the arrest report, 

the commander’s report of official 

disposition, information presented by 

the individual, and such other 

information as the hearing officer may 

deem appropriate will be considered. 

(2) If the hearing officer determines by 

a preponderance of evidence that the 

individual was engaged in intoxicated 

driving, the revocation will be for 1 year 

from the date of the original preliminary 

suspension.

(c) The person was driving or in 

physical control of a motor vehicle 

while under a preliminary suspension 

or revocation. 

(d) An administrative determination 

has been made by the state or host 

nation licensing authority to suspend or 

revoke driving privileges. 

(e) The individual has failed to 

complete a formally directed substance 

abuse or driver’s training program.

§ 634.15 Restricted driving privileges or 

probation. 

(a) For the Navy, Air Force, Marine 

Corps, and DLA, the installation 

commander, or his or her designee may 

modify a suspension or revocation of 

driving privileges in certain cases per 

paragraph (d) of this section. 

(b) Army requests for restricted 

driving privileges subsequent to 

suspension or revocation of installation 

driving privileges will be referred to the 

installation commander or designee, 

except for intoxicated driving cases, 

which must be referred to the General 

Court Martial Convening Authority. 

Withdrawal of restricted driving 

privileges is within the installation 

commander’s discretion. 

(c) Probation or restricted driving 

privileges will not be granted to any 

person whose driver license or right to 

operate motor vehicles is under 

suspension or revocation by a state, 

Federal, or host nation licensing 

authority. Prior to application for 

probation or restricted driving 

privileges, a state, Federal, or host 

nation driver’s license or right to 

operate motor vehicles must be 

reinstated. The burden of proof for 

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 76533

reinstatement of driving privileges lies 

with the person applying for probation 

or restricted driving privileges. 

Revocations for test refusals shall 

remain. 

(d) The installation commander or 

designee may grant restricted driving 

privileges or probation on a case-by-case 

basis provided the person’s state or host 

nation driver’s license or right to 

operate motor vehicles remains valid to 

accommodate any of the following 

reasons: 

(1) Mission requirements. 

(2) Unusual personal or family 

hardships. 

(3) Delays exceeding 90 days, not 

attributed to the person concerned, in 

the formal disposition of an 

apprehension or charges that are the 

basis for any type of suspension or 

revocation. 

(4) When there is no reasonably 

available alternate means of 

transportation to officially assigned 

duties. In this instance, a limited 

exception can be granted for the sole 

purpose of driving directly to and from 

the place of duty. 

(e) The terms and limitations on a 

restricted driving privilege (for example, 

authorization to drive to and from place 

of employment or duty, or selected 

installation facilities such as hospital, 

commissary, and or other facilities) will 

be specified in writing and provided to 

the individual concerned. Persons 

found in violation of the restricted 

privilege are subject to revocation action 

as prescribed in § 634.9. 

(f) The conditions and terms of 

probation will be specified in writing 

and provided to the individual 

concerned. The original suspension or 

revocation term in its entirety may be 

activated to commence from the date of 

the violation of probation. In addition, 

separate action may be initiated based 

on the commission of any traffic, 

criminal, or military offense that 

constitutes a probation violation. 

(g) DOD employees and contractors, 

who can demonstrate that suspension or 

revocation of installation driving 

privileges would constructively remove 

them from employment, may be given a 

limiting suspension/revocation that 

restricts driving on the installation or 

activity (or in the overseas command) to 

the most direct route to and from their 

respective work sites (5 U.S.C. 2302(b) 

(10)). This is not to be construed as 

limiting the commander from 

suspension or revocation of on-duty 

driving privileges or seizure of OF 346, 

even if this action would constructively 

remove a person from employment in 

those instances in which the person’s 

duty requires driving from place to 

place on the installation.

§ 634.16 Reciprocal State-Military action. 

(a) Commanders will recognize the 

interests of the states in matters of POV 

administration and driver licensing. 

Statutory authority may exist within 

some states or host nations for 

reciprocal suspension and revocation of 

driving privileges. See Subpart D of this 

part for additional information on 

exchanging and obtaining information 

with civilian law enforcement agencies 

concerning infractions by Armed 

Service personnel off post. Installation 

commanders will honor the reciprocal 

authority and direct the installation law 

enforcement officer to pursue 

reciprocity with state or host nation 

licensing authorities. Upon receipt of 

written or other official law enforcement 

communication relative to the 

suspension/revocation of driving 

privileges, the receiving installation will 

terminate driving privileges as if 

violations occurred within its own 

jurisdiction.

(b) When imposing a suspension or 

revocation for an off-installation offense, 

the effective date should be the same as 

civil disposition, or the date that state 

or host-nation driving privileges are 

suspended or revoked. This effective 

date can be retroactive. 

(c) If statutory authority does not exist 

within the state or host nation for formal 

military reciprocity, the procedures 

below will be adopted: 

(1) Commanders will recognize 

official documentation of suspensions/

revocations imposed by state or host 

nation authorities. Administrative 

actions (suspension/revocations, or if 

recognized, point assessment) for 

moving traffic violations off the 

installation should not be less than 

required for similar offenses on the 

installation. When notified by state or 

host nation authorities of a suspension 

or revocation, the person’s OF 346 may 

also be suspended. 

(2) In CONUS, the host and issuing 

state licensing authority will be notified 

as soon as practical when a person’s 

installation driving privileges are 

suspended or revoked for any period, 

and immediately for refusal to submit to 

a lawful BAC test. The notification will 

be sent to the appropriate state DMV(s) 

per reciprocal agreements. In the 

absence of electronic communication 

technology, the appropriate state 

DMV(s) will be notified by official 

certified mail. The notification will 

include the basis for the suspension/

revocation and the BAC level if 

applicable. 

(d) OCONUS installation commanders 

must follow provisions of the applicable 

Status of Forces Agreement (SOFA), the 

law of the host nation concerning 

reciprocal suspension and revocation, 

and other international agreements. To 

the extent an agreement concerning 

reciprocity may be permitted at a 

particular overseas installation, the 

commander must have prior 

authorization to negotiate and conclude 

such an international agreement in 

accordance with applicable 

international agreements, DODD 5530.3, 

International Agreements, June 87, and 

other individual Service instructions.

§ 634.17 Extensions of suspensions and 

revocations. 

(a) Driving in violation of a 

suspension or revocation imposed 

under this part will result in the original 

period of suspension or revocation 

being increased by 2 years. In addition, 

administrative action may be initiated 

based on the commission of any traffic, 

criminal, or military offenses, for 

example, active duty military personnel 

driving on the installation in violation 

of a lawful order. 

(b) For each subsequent determination 

within a 5-year period that revocation is 

authorized under § 634.9, military 

personnel, DOD civilians, contractors 

and NAF employees will be prohibited 

from obtaining or using an OF 346 for 

6 months for each such incident. A 

determination whether DOD civilian 

personnel should be prohibited from 

obtaining or using an OF 346 will be 

made in accordance with the laws and 

regulations applicable to civilian 

personnel. This does not preclude a 

commander from imposing such 

prohibition for a first offense, or for a 

longer period of time for a first or 

subsequent offense, or for such other 

reasons as may be authorized. 

(c) Commanders may extend a 

suspension or revocation of driving 

privileges on personnel until 

completion of an approved remedial 

driver training course or alcohol or drug 

counseling programs after proof is 

provided. 

(d) Commanders may extend a 

suspension or revocation of driving 

privileges on civilian personnel 

convicted of intoxicated driving on the 

installation until successful completion 

of a state or installation approved 

alcohol or drug rehabilitation program. 

(e) For Navy personnel for good cause, 

the appropriate authority may withdraw 

the restricted driving privilege and 

continue the suspension or revocation 

period (for example, driver at fault in 

the traffic accident, or driver cited for a 

moving violation.

76534 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

§ 634.18 Reinstatement of driving 

privileges. 

Reinstatement of driving privileges 

shall be automatic, provided all 

revocations applicable have expired, 

proper proof of completion of remedial 

driving course and/or substance abuse 

counseling has been provided, and 

reinstatement requirements of 

individual’s home state and/or state the 

individual may have been suspended in, 

have been met.

Subpart C—Motor Vehicle Registration

§ 634.19 Registration policy. 

(a) Motor vehicles will be registered 

according to guidance in this part and 

in policies of each Service and DLA. A 

person who lives or works on an Army, 

DLA, Air Force, Navy, or Marine Corps 

installation, or Army National Guard of 

the U.S. (ARNGUS) facility, or often 

uses the facilities is required to register 

his or her vehicle. Also, individuals 

who access the installation for regular 

activities such as use of medical 

facilities and regular recurring activities 

on the installation should register their 

vehicles according to a standard 

operating procedure established by the 

installation commander. The person 

need not own the vehicle to register it, 

but must have a lease agreement, power 

of attorney, or notarized statement from 

the owner of the vehicle specifying the 

inclusive dates for which permission to 

use the vehicle has been granted.

(b) Vehicles intended for construction 

and material handling, or used solely off 

the road, are usually not registered as 

motor vehicles. Installation 

commanders may require registration of 

off-road vehicles and bicycles under a 

separate local system. 

(c) Commanders can grant limited 

temporary registration for up to 30 days, 

pending permanent registration, or in 

other circumstances for longer terms. 

(d) Except for reasons of security, all 

installations and activities of the 

Services and DLA within the United 

States and its territories with a vehicle 

registration system will use and honor 

the DD Form 2220, (Department of 

Defense Registration Decal). Registration 

in overseas commands may be modified 

in accordance with international 

agreements or military necessity. 

(e) Army Installation commanders 

will establish local visitor identification 

for individuals who will be on 

installation for less than 30 days. The 

local policy will provide for use of 

temporary passes that establish a start 

and end date for which the pass is valid. 

Army installation commanders must 

refer to AR 190–16 Chapter 2 for 

guidance concerning installation access 

control. (Air Force, see AFI 31–204). 

Other Armed Services and DLA may 

develop and issue visitor passes locally. 

(f) The conditions in § 634.20 must be 

met to operate a POV on an Army and 

DLA Installation. Other Armed Services 

that do not require registration will 

enforce § 634.20 through traffic 

enforcement actions. Additionally, 

failure to comply with § 634.20 may 

result in administrative suspension or 

revocation of driving privileges.

§ 634.20 Privately Owned Vehicle 

operation requirements. 

Personnel seeking to register their 

POVs on military installations within 

the United States or its territories and in 

overseas areas will comply with the 

following requirements. (Registration in 

overseas commands may be modified in 

accordance with international 

agreements or military necessity.) 

(a) Possess a valid state, overseas 

command, host nation or international 

drivers license (within appropriate 

classification), supported by DD Form 2, 

or other appropriate identification for 

DOD civilians, contractors and retirees. 

DA Form 1602, Civilian Identification 

Card, is limited for identification on 

Army installations only. 

(b) Possess a certificate of state 

registration as required by the state in 

which the vehicle is registered. 

(c) Comply with the minimum 

requirements of the automobile 

insurance laws or regulations of the 

state or host nation. In overseas 

commands where host nation laws do 

not require minimum personal injury 

and property damage liability insurance, 

the major overseas commander will set 

reasonable liability insurance 

requirements for registration and/or 

operation of POVs within the confines 

of military installations and areas where 

the commander exercises jurisdiction. 

Prior to implementation, insurance 

requirements in host states or nations 

should be formally coordinated with the 

appropriate host agency. 

(d) Satisfactorily complete a safety 

and mechanical vehicle inspection by 

the state or jurisdiction in which the 

vehicle is licensed. If neither state nor 

local jurisdiction requires a periodic 

safety inspection, installation 

commanders may require and conduct 

an annual POV safety inspection; 

however, inspection facilities must be 

reasonably accessible to those requiring 

use. Inspections will meet minimum 

standards established by the National 

Highway Traffic Safety Administration 

(NHTSA) in 49 CFR 570.1 through 

570.10. Lights, turn signals, brake lights, 

horn, wipers, and pollution control 

devices and standards in areas where 

applicable, should be included in the 

inspection. Vehicles modified from 

factory standards and determined 

unsafe may be denied access and 

registration. 

(e) Possess current proof of 

compliance with local vehicle emission 

inspection if required by the state, and 

maintenance requirements. 

(f) Vehicles with elevated front or rear 

ends that have been modified in a 

mechanically unsafe manner are unsafe 

and will be denied registration. 49 CFR 

570.8 states that springs shall not be 

extended above the vehicle 

manufacturer’s design height.

§ 634.21 Department of Defense Form 

2220. 

(a) Use. DD Form 2220 will be used 

to identify registered POVs on Army, 

Navy, Air Force, Marine Corps, and 

DLA installations or facilities. The form 

is produced in single copy for 

conspicuous placement on the front of 

the vehicle only (windshield or 

bumper). If allowed by state laws, the 

decal is placed in the center by the rear 

view mirror or the lower portion of the 

driver’s side windshield. The 

requirement to affix the DD Form 2220 

to the front windshield or bumper of 

registered vehicles is waived for General 

Officers and Flag Officers of all Armed 

Services, Armed Service Secretaries, 

Political Appointees, Members of 

Congress, and the Diplomatic Corps. 

(1) Each Service and DLA will 

procure its own forms and installation 

and expiration tabs. For the Army, the 

basic decal will be ordered through 

publications channels and remain on 

the vehicle until the registered owner 

disposes of the vehicle, separates from 

active duty or other conditions specified 

in paragraph (a)(2) of this section. Air 

Force, DLA, and Army retirees may 

retain DD Form 2220. Army retirees are 

required to follow the same registration 

and VRS procedures as active duty 

personnel. Upon termination of 

affiliation with the service, the 

registered owner or authorized operator 

is responsible for removing the DD Form 

2220 from the vehicle and surrender of 

the decal to the issuing office. Army 

installation commanders are responsible 

for the costs of procuring decals with 

the name of their installation and 

related expiration tabs. Air Force 

installations will use the installation tag 

(4′′ by 1⁄2′′) to identify the Air Force 

Installation where the vehicle is 

registered. Air Force personnel may 

retain the DD Form 2220 upon 

reassignment, retirement, or separation 

provided the individual is still eligible 

for continued registration, the 

registration is updated in SFMIS, and 

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 76535

the installation tab is changed 

accordingly. Position the decal directly 

under the DD Form 2220. 

(2) For other Armed Services and 

DLA, DD Form 2220 and installation 

and expiration tabs will be removed 

from POV’s by the owner prior to 

departure from their current 

installation, retirement, or separation 

from military or government affiliation, 

termination of ownership, registration, 

liability insurance, or other conditions 

further identified by local policy. 

(b) Specifications. (1) DD Form 2220 

and installation and expiration tabs will 

consist of international blue borders and 

printing on a white background. Printer 

information will include the following: 

(i) Form title (Department of Defense 

Registered Vehicle). 

(ii) Alphanumeric individual form 

identification number. 

(iii) DOD seal. 

(2) Name of the installation will be 

specified on a separate tab abutting the 

decal. Each Service or DLA may choose 

optional color codes for the registrant. 

Army and installations having vehicle 

registration programs will use the 

following standard color scheme for the 

installation tab: 

(i) Blue-officers. 

(ii) Red-enlisted. 

(iii) Green DA civilian employees 

(including NAF employees). 

(iv) Black-contractor personnel and 

other civilians employed on the 

installation. White will be used for 

contract personnel on Air Force 

installations. 

(3) An expiration tab identifying the 

month and year (6–2004), the year 

(2000) or simply ‘‘00’’ will be abutted to 

right of the decal. For identification 

purposes, the date of expiration will be 

shown in bold block numbers on a 

lighter contrasting background such as 

traffic yellow, lime, or orange. 

(4) DD Form 2220 and any adjoining 

tabs will be theft resistant when applied 

to glass, metal, painted, or rubberized 

surfaces and manufactured so as to 

obliterate or self destruct when removal 

is attempted. Local policy guided by 

state or host nation laws will specify the 

exact placement of DD Form 2220. 

(5) For Navy and Marine Corps 

military personnel the grade insignia 

will be affixed on placards, 

approximately 5 inches by 8 inches in 

size, and placed on the driver’s side 

dashboard. Placards should be removed 

from view when the vehicle is not 

located on a military installation.

§ 634.22 Termination or denial of 

registration. 

Installation commanders or their 

designated representatives will 

terminate POV registration or deny 

initial registration under the following 

conditions (decal and tabs will be 

removed from the vehicle when 

registration is terminated):

(a) The owner fails to comply with the 

registration requirements. 

(b) The owner sells or disposes of the 

POV, is released from active duty, 

separated from the Service, or 

terminates civilian employment with a 

military Service or DOD agency. Army 

and Air Force personnel on a permanent 

change of station will retain the DD 

Form 2220 if the vehicle is moved to 

their new duty station. 

(c) The owner is other than an active 

duty military or civilian employee and 

discontinues regular operations of the 

POV on the installation. 

(d) The owner’s state, overseas 

command, or host nation driver’s 

license is suspended or revoked, or the 

installation driving privilege is revoked. 

Air Force does not require removal of 

the DD Form 2220 when driving 

privileges are suspended for an 

individual. When vehicle registration is 

terminated in conjunction with the 

revocation of installation driving 

privileges, the affected person must 

apply to re-register the POV after the 

revocation expires. Registration should 

not be terminated if other family 

members having installation driving 

privileges require use of the vehicle.

§ 634.23 Specified consent to 

impoundment. 

Personnel registering POVs on DOD 

installations must consent to the 

impoundment policy. POV registration 

forms will contain or have appended to 

them a certificate with the following 

statement: ‘‘I am aware that (insert 

number and title of separate Service or 

DLA directive) and the installation 

traffic code provide for the removal and 

temporary impoundment of privately 

owned motor vehicles that are either 

parked illegally, or for unreasonable 

periods, interfering with military 

operations, creating a safety hazard, 

disabled by accident, left unattended in 

a restricted or control area, or 

abandoned. I agree to reimburse the 

United States for the cost of towing and 

storage should my motor vehicle(s), 

because of such circumstances, be 

removed and impounded.’’

Subpart D—Traffic Supervision

§ 634.24 Traffic planning and codes. 

(a) Safe and efficient movement of 

traffic on an installation requires traffic 

supervision. A traffic supervision 

program includes traffic circulation 

planning and control of motor vehicle 

traffic; publication and enforcement of 

traffic laws and regulations; and 

investigation of motor vehicle accidents. 

(b) Installation commanders will 

develop traffic circulation plans that 

provide for the safest and most efficient 

use of primary and secondary roads. 

Circulation planning should be a major 

part of all long-range master planning at 

installations. The traffic circulation plan 

is developed by the installation law 

enforcement officer, engineer, safety 

officer, and other concerned staff 

agencies. Highway engineering 

representatives from adjacent civil 

communities must be consulted to 

ensure the installation plan is 

compatible with the current and future 

circulation plan of the community. The 

plan should include the following: 

(1) Normal and peak load routing 

based on traffic control studies. 

(2) Effective control of traffic using 

planned direction, including measures 

for special events and adverse road or 

weather conditions. 

(3) Point control at congested 

locations by law enforcement personnel 

or designated traffic directors or 

wardens, including trained schoolcrossing guards. 

(4) Use of traffic control signs and 

devices. 

(5) Efficient use of available parking 

facilities. 

(6) Efficient use of mass 

transportation. 

(c) Traffic control studies will provide 

factual data on existing roads, traffic 

density and flow patterns, and points of 

congestion. The installation law 

enforcement officer and traffic engineer 

usually conduct coordinated traffic 

control studies to obtain the data. 

Accurate data will help determine major 

and minor routes, location of traffic 

control devices, and conditions 

requiring engineering or enforcement 

services. 

(d) The (Military) Surface Deployment 

and Distribution Command 

Transportation Engineering Agency 

(SDDCTEA) will help installation 

commanders solve complex highway 

traffic engineering problems. SDDCTEA 

traffic engineering services include—

(1) Traffic studies of limited areas and 

situations. 

(2) Complete studies of traffic 

operations of entire installations. (This 

can include long-range planning for 

future development of installation 

roads, public highways, and related 

facilities.) 

(3) Assistance in complying with 

established traffic engineering 

standards. 

(e) Installation commanders should 

submit requests for traffic engineering 

76536 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

services in accordance with applicable 

service or agency directives.

§ 634.25 Installation traffic codes. 

(a) Installation or activity 

commanders will establish a traffic code 

for operation of motor vehicles on the 

installation. Commanders in overseas 

areas will establish a traffic code, under 

provisions of this part, to the extent 

military authority is empowered to 

regulate traffic on the installation under 

the applicable SOFA. Traffic codes will 

contain the rules of the road (parking 

violations, towing instructions, safety 

equipment, and other key provisions). 

These codes will, where possible, 

conform to the code of the State or host 

nation in which the installation is 

located. In addition, the development 

and publication of installation traffic 

codes will be based on the following: 

(1) Highway Safety Program 

Standards (23 U.S.C. 402). 

(2) Applicable portions of the 

Uniform Vehicle Code and Model 

Traffic Ordinance published by the 

National Committee on Uniform Traffic 

Laws and Ordinances. 

(b) The installation traffic code will 

contain policy and procedures for the 

towing, searching, impounding, and 

inventorying of POVs. These provisions 

should be well publicized and contain 

the following: 

(1) Specific violations and conditions 

under which the POV will be 

impounded and towed. 

(2) Procedures to immediately notify 

the vehicle owner. 

(3) Procedures for towing and storing 

impounded vehicles. 

(4) Actions to dispose of the vehicle 

after lawful impoundment. 

(5) Violators are responsible for all 

costs of towing, storage and impounding 

of vehicles for other than evidentiary 

reasons. 

(c) Installation traffic codes will also 

contain the provisions discussed as 

follows: (Army users, see AR 385–55). 

(1) Motorcycles and mopeds. For 

motorcycles and other self-propelled, 

open, two-wheel, three-wheel, and fourwheel vehicles powered by a 

motorcycle-type engine, the following 

traffic rules apply: 

(i) Headlights will be on at all times 

when in operation. 

(ii) A rear view mirror will be 

attached to each side of the handlebars.

(iii) Approved protective helmets, eye 

protection, hard-soled shoes, long 

trousers and brightly colored or 

reflective outer upper garment will be 

worn by operators and passengers when 

in operation. 

(2) Restraint systems. (i) Restraint 

systems (seat belts) will be worn by all 

operators and passengers of U.S. 

Government vehicles on or off the 

installation. 

(ii) Restraint systems will be worn by 

all civilian personnel (family members, 

guests, and visitors) driving or riding in 

a POV on the installation. 

(iii) Restraint systems will be worn by 

all military service members and 

Reserve Component members on active 

Federal service driving or riding in a 

POV whether on or off the installation. 

(iv) Infant/child restraint devices (car 

seats) will be required in POVs for 

children 4 years old or under and not 

exceeding 45 pounds in weight. 

(v) Restraint systems are required only 

in vehicles manufactured after model 

year 1966. 

(3) Headphones and earphones. The 

wearing of headphones or earphones is 

prohibited while driving a U.S. 

Government vehicle, POV, motorcycle, 

or other self-propelled two-wheel, threewheel, and four-wheel vehicles powered 

by a motorcycle-type engine. This does 

not negate the requirement for wearing 

hearing protection when conditions or 

good judgment dictate use of such 

protection. 

(d) Only administrative actions 

(reprimand, assessment of points, loss of 

on-post driving privileges, or other 

actions) will be initiated against service 

members for off-post violations of the 

installation traffic code. 

(e) In States where traffic law 

violations are State criminal offenses, 

such laws are made applicable under 

the provisions of 18 U.S.C. 13 to 

military installations having concurrent 

or exclusive Federal jurisdiction. 

(f) In those States where violations of 

traffic law are not considered criminal 

offenses and cannot be assimilated 

under 18 U.S.C., DODD 5525.4, 

enclosure 1 expressly adopts the 

vehicular and pedestrian traffic laws of 

such States and makes these laws 

applicable to military installations 

having concurrent or exclusive Federal 

jurisdiction. It also delegates authority 

to installation commanders to establish 

additional vehicular and pedestrian 

traffic rules and regulations for their 

installations. Persons found guilty of 

violating the vehicular and pedestrian 

traffic laws made applicable on the 

installation under provisions of that 

directive are subject to a fine as 

determined by the local magistrate or 

imprisonment for not more than 30 

days, or both, for each violation. In 

those States where traffic laws cannot be 

assimilated, an extract copy of this 

paragraph (f) and a copy of the 

delegation memorandum in DODD 

5525.4, enclosure 1, will be posted in a 

prominent place accessible to persons 

assigned, living, or working on the 

installation. 

(g) In those States where violations of 

traffic laws cannot be assimilated 

because the Federal Government’s 

jurisdictional authority on the 

installation or parts of the installation is 

only proprietary, neither 18 U.S.C. 13 

nor the delegation memorandum in 

DoDD 5525.4, enclosure 1, will permit 

enforcement of the State’s traffic laws in 

Federal courts. Law enforcement 

authorities on those military 

installations must rely on either 

administrative sanctions related to the 

installation driving privilege or 

enforcement of traffic laws by State law 

enforcement authorities.

§ 634.26 Traffic law enforcement 

principles. 

(a) Traffic law enforcement should 

motivate drivers to operate vehicles 

safely within traffic laws and 

regulations and maintain an effective 

and efficient flow of traffic. Effective 

enforcement should emphasize 

voluntary compliance by drivers and 

can be achieved by the following 

actions: 

(1) Publishing a realistic traffic code 

well known by all personnel. 

(2) Adopting standard signs, 

markings, and signals in accordance 

with NHSPS and the Manual on 

Uniform Traffic Control Devices for 

Streets and Highways. 

(3) Ensuring enforcement personnel 

establish courteous, personal contact 

with drivers and act promptly when 

driving behavior is improper or a 

defective vehicle is observed in 

operation. 

(4) Maintaining an aggressive program 

to detect and apprehend persons who 

drive while privileges are suspended or 

revoked. 

(5) Using sound discretion and 

judgment in deciding when to 

apprehend, issue citations, or warn the 

offender. 

(b) Selective enforcement will be used 

when practical. Selective enforcement 

deters traffic violations and reduces 

accidents by the presence or suggested 

presence of law enforcement personnel 

at places where violations, congestion, 

or accidents frequently occur. Selective 

enforcement applies proper enforcement 

measures to traffic congestion and 

focuses on selected time periods, 

conditions, and violations that cause 

accidents. Law enforcement personnel 

use selective enforcement because that 

practice is the most effective use of 

resources. 

(c) Enforcement activities against 

intoxicated driving will include—

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 76537

(1) Detecting, apprehending, and 

testing persons suspected of driving 

under the influence of alcohol or drugs. 

(2) Training law enforcement 

personnel in special enforcement 

techniques. 

(3) Enforcing blood-alcohol 

concentration standards. (See § 634.34). 

(4) Denying installation driving 

privileges to persons whose use of 

alcohol or other drugs prevents safe 

operation of a motor vehicle. 

(d) Installation officials will formally 

evaluate traffic enforcement on a regular 

basis. That evaluation will examine 

procedures to determine if the following 

elements of the program are effective in 

reducing traffic accidents and deaths: 

(1) Selective enforcement measures; 

(2) Suspension and revocation 

actions; and 

(3) Chemical breath-testing programs.

§ 635.27 Speed-measuring devices. 

Speed-measuring devices will be used 

in traffic control studies and 

enforcement programs. Signs may be 

posted to indicate speed-measuring 

devices are being used. 

(a) Equipment purchases. Installations 

will ensure operators attend an 

appropriate training program for the 

equipment in use. 

(b) Training and certification 

standards. (1) The commander of each 

installation using traffic radar will 

ensure that personnel selected as 

operators of such devices meet training 

and certification requirements 

prescribed by the State (or SOFA) in 

which the installation is located. 

Specific information on course dates, 

costs, and prerequisites for attending 

may be obtained by contacting the State 

agency responsible for police traffic 

radar training.

(2) Installation commanders located 

in States or overseas areas where no 

formal training program exists, or where 

the military personnel are unable or 

ineligible to participate in police traffic 

radar training programs, may implement 

their own training program or use a 

selected civilian institution or 

manufacturer’s course. 

(3) The objective of the civilian or 

manufacturer-sponsored course is to 

improve the effectiveness of speed 

enforcement through the proper and 

efficient use of speed-measurement 

radar. On successful completion, the 

course graduate must be able to—

(i) Describe the association between 

excessive speed and accidents, deaths, 

and injuries, and describe the traffic 

safety benefits of effective speed control. 

(ii) Describe the basic principles of 

radar speed measurement. 

(iii) Identify and describe the 

Service’s policy and procedures 

affecting radar speed measurement and 

speed enforcement. 

(iv) Identify the specific radar 

instrument used and describe the 

instrument’s major components and 

functions. 

(v) Demonstrate basic skills in 

checking calibration and operating the 

specific radar instrument(s). 

(vi) Demonstrate basic skills in 

preparing and presenting records and 

courtroom testimony relating to radar 

speed measurement and enforcement. 

(c) Recertification. Recertification of 

operators will occur every 3 years, or as 

prescribed by State law.

§ 634.28 Traffic accident investigation. 

Installation law enforcement 

personnel must make detailed 

investigations of accidents described in 

this section: 

(a) Accidents involving Government 

vehicles or Government property on the 

installation involving a fatality, personal 

injury, or estimated property damage in 

the amount established by separate 

Service/DLA policy. (Minimum damage 

limits are: Army, $1,000; Air Force, as 

specified by the installation 

commander; Navy and Marine Corps, 

$500.) The installation motor pool will 

provide current estimates of the cost of 

repairs. Investigations of off-installation 

accidents involving Government 

vehicles will be made in cooperation 

with the civilian law enforcement 

agency. 

(b) POV accidents on the installation 

involving a fatality, personal injury, or 

when a POV is inoperable as a result of 

an accident. 

(c) Any accident prescribed within a 

SOFA agreement.

§ 634.29 Traffic accident investigation 

reports. 

(a) Accidents requiring immediate 

reports. The driver or owner of any 

vehicle involved in an accident, as 

described in § 634.28, on the 

installation, must immediately notify 

the installation law enforcement office. 

The operator of any Government vehicle 

involved in a similar accident off the 

installation must immediately notify the 

local civilian law enforcement agency 

having jurisdiction, as well as law 

enforcement personnel of the nearest 

military installation. 

(b) Investigation records. Installation 

law enforcement officials will record 

traffic accident investigations on 

Service/DLA forms. Information will be 

released according to Service/DLA 

policy, the Privacy Act, and the 

Freedom of Information Act. 

(c) Army law enforcement officers.

These officers provide the local Safety 

Office copies of traffic accident 

investigation reports pertaining to 

accidents investigated by military police 

that resulted in a fatality, personal 

injury, or estimated damage to 

Government vehicles or property in 

excess of $1,000. 

(d) POV accidents not addressed in 

§ 634.28. Guidance for reporting these 

cases is provided as follows: 

(1) Drivers or owners of POVs will be 

required to submit a written report to 

the installation law enforcement office 

within 24 hours of an accident in the 

following cases, with all information 

listed in paragraph (d)(3) of this section: 

(i) The accident occurs on the 

installation. 

(ii) The accident involves no personal 

injury. 

(iii) The accident involves only minor 

damage to the POV and the vehicle can 

be safely and normally driven from the 

scene under its own power. 

(2) Information in the written report 

cannot be used in criminal proceedings 

against the person submitting it unless 

it was originally categorized a hit and 

run and the violator is the person 

submitting the report. Rights 

advisement will be given prior to any 

criminal traffic statements provided by 

violators. Within the United States, the 

installation law enforcement official 

may require such reporting on Service 

forms or forms of the State jurisdiction. 

(3) Reports required in paragraph (d) 

(1) of this section by the Army will 

include the following about the 

accident: 

(i) Location, date, and time. 

(ii) Identification of all drivers, 

pedestrians, and passengers involved. 

(iii) Identification of vehicles 

involved. 

(iv) Speed and direction of travel of 

each vehicle involved, including a 

sketch of the collision and roadway 

with street names and north arrow. 

(v) Property damage involved. 

(vi) Environmental conditions at the 

time of the incident (weather, visibility, 

road surface condition, and other 

factors). 

(vii) A narrative description of the 

events and circumstances concerning 

the accident.

§ 634.30 Use of traffic accident 

investigation report data. 

(a) Data derived from traffic accident 

investigation reports and from vehicle 

owner accident reports will be analyzed 

to determine probable causes of 

accidents. When frequent accidents 

occur at a location, the conditions at the 

location and the types of accidents 

(collision diagram) will be examined. 

(b) Law enforcement personnel and 

others who prepare traffic accident 

76538 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

investigation reports will indicate 

whether or not seat restraint devices 

were being used at the time of the 

accident. 

(c) When accidents warrant, an 

installation commander may establish a 

traffic accident review board. The board 

will consist of law enforcement, 

engineer, safety, medical, and legal 

personnel. The board will determine 

principal factors leading to the accident 

and recommend measures to reduce the 

number and severity of accidents on and 

off the installation. (The Air Force will 

use Traffic Safety Coordinating Groups. 

The Navy will use Traffic Safety 

Councils per OPNAVINST 5100.12 

Series).

(d) Data will be shared with the 

installation legal, engineer, safety, and 

transportation officers. The data will be 

used to inform and educate drivers and 

to conduct traffic engineering studies. 

(e) Army traffic accident investigation 

reports will be provided to Army 

Centralized Accident Investigation of 

Ground Accidents (CAIG) boards on 

request. The CAIG boards are under the 

control of the Commander, U.S. Army 

Safety Center, Fort Rucker, AL 36362–

5363. These boards investigate Class A, 

on-duty, non-POV accidents and other 

selected accidents Army-wide (See AR 

385–40). Local commanders provide 

additional board members as required to 

complete a timely and accurate 

investigation. Normally, additional 

board members are senior equipment 

operators, maintenance officer, and 

medical officers. However, specific 

qualifications of the additional board 

members may be dictated by the nature 

of the accident. 

(f) The CAIG program is not intended 

to interfere with, impede, or delay law 

enforcement agencies in the execution 

of regulatory responsibilities that apply 

to the investigation of accidents for a 

determination of criminal intent or 

criminal acts. Criminal investigations 

have priority. 

(g) Army law enforcement agencies 

will maintain close liaison and 

cooperation with CAIG boards. Such 

cooperation, particularly with respect to 

interviews of victims and witnesses and 

in collection and preservation of 

physical evidence, should support both 

the CAIG and law enforcement 

collateral investigations.

§ 634.31 Parking. 

(a) The most efficient use of existing 

on- and off-street parking space should 

be stressed on a nonreserved (first-come, 

first-served) basis. 

(b) Reserved parking facilities should 

be designated as parking by permit or 

numerically by category of eligible 

parkers. Designation of parking spaces 

by name, grade, rank, or title should be 

avoided. 

(c) Illegal parking contributes to 

congestion and slows traffic flow on an 

installation. Strong enforcement of 

parking restrictions results in better use 

of available parking facilities and 

eliminates conditions causing traffic 

accidents. 

(d) The ‘‘Denver boot’’ device is 

authorized for use as a technique to 

assist in the enforcement of parking 

violations where immobilization of the 

POV is necessary for safety. Under no 

circumstances should the device be 

used to punish or ‘‘teach a lesson’’ to 

violators. Booting should not be used if 

other reasonably effective but less 

restrictive means of enforcement (such 

as warnings, ticketing, reprimands, 

revocations, or suspensions of on-post 

driving privileges) are available. 

Procedures for booting must be 

developed as follows: 

(1) Local standing operating 

procedures (SOPs) must be developed to 

control the discretion of enforcers and 

limit booting to specific offenses. SOPs 

should focus on specific reasons for 

booting, such as immobilization of 

unsafe, uninspected, or unregistered 

vehicles or compelling the presence of 

repeat offenders. All parking violations 

must be clearly outlined in the 

installation traffic code. 

(2) Drivers should be placed on notice 

that particular violations or multiple 

violations may result in booting. Also, 

drivers must be provided with a prompt 

hearing and an opportunity to obtain the 

release of their property. 

(3) To limit liability, drivers must be 

warned when a boot is attached to their 

vehicle and instructed how to have the 

boot removed without damaging the 

vehicle.

§ 634.32 Traffic violation reports. 

(a) Most traffic violations occurring on 

DOD installations (within the UNITED 

STATES or its territories) should be 

referred to the proper U.S. Magistrate. 

(Army, see AR 190–29; DLA, see DLAI 

5720.4; and Air Force, see AFI 51–905). 

However, violations are not referred 

when—

(1) The operator is driving a 

Government vehicle at the time of the 

violation. 

(2) A Federal Magistrate is either not 

available or lacks jurisdiction to hear 

the matter because the violation 

occurred in an area where the Federal 

Government has only proprietary 

legislative jurisdiction. 

(3) Mission requirements make 

referral of offenders impractical. 

(4) A U.S. Magistrate is available but 

the accused refuses to consent to the 

jurisdiction of the court and the U.S. 

Attorney refuses to process the case 

before a U.S. District Court. For the 

Navy, DUI and driving under the 

influence of drugs cases will be referred 

to the Federal Magistrate. 

(b) Installation commanders will 

establish administrative procedures for 

processing traffic violations. 

(1) All traffic violators on military 

installations will be issued either a DD 

Form 1408 (Armed Forces Traffic 

Ticket) or a DD Form 1805 (United 

States District Court Violation Notice), 

as appropriate. Unless specified 

otherwise by separate Service/DLA 

policy, only on-duty law enforcement 

personnel (including game wardens) 

designated by the installation law 

enforcement officer may issue these 

forms. Air Force individuals certified 

under the Parking Traffic Warden 

Program may issue DD Form 1408 in 

areas under their control. 

(2) A copy of all reports on military 

personnel and DOD civilian employees 

apprehended for intoxicated driving 

will be forwarded to the installation 

alcohol and drug abuse facility. 

(c) Installation commanders will 

establish procedures used for disposing 

of traffic violation cases through 

administrative or judicial action 

consistent with the Uniform Code of 

Military Justice (UCMJ) and Federal law. 

(d) DD Form 1805 will be used to refer 

violations of State traffic laws made 

applicable to the installation 

(Assimilative Crimes Act (18 U.S.C. 13) 

and the delegation memorandum in 

DoDD 5525.4, enclosure 1, and other 

violations of Federal law) to the U.S. 

Magistrate. (Army users, see AR 190–

29.) 

(1) A copy of DD Form 1805 and any 

traffic violation reports on military 

personnel and DOD civilian employees 

will be forwarded to the commander or 

supervisor of the violator. DA form 3975 

may be use to forward the report. 

(2) Detailed instructions for properly 

completing DD Form 1805 are contained 

in separate Service policy directives. 

(3) The assimilation of State traffic 

laws as Federal offenses should be 

identified by a specific State code 

reference in the CODE SECTION block 

of the DD Form 1805 (or in a complaint 

filed with the U.S. Magistrate). 

(4) The Statement of Probable Cause 

on the DD Form 1805 will be used 

according to local staff judge advocate 

and U.S. Magistrate court policy. The 

Statement of Probable Cause is required 

by the Federal misdemeanor rules to 

support the issuance of a summons or 

arrest warrant.

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 76539

(5) For cases referred to U.S. 

Magistrates, normal distribution of DD 

Form 1805 will be as follows: 

(i) The installation law enforcement 

official will forward copy 1 (white) and 

copy 2 (yellow) to the U.S. District 

Court (Central Violation Bureau). 

(ii) The installation law enforcement 

office will file copy 3 (pink). 

(iii) Law enforcement personnel will 

provide copy 4 (envelope) to the 

violator. 

(e) When DD Form 1408 is used, one 

copy (including written warnings) will 

be forwarded through command 

channels to the service member’s 

commander, to the commander of the 

military family member’s sponsor, or to 

the civilian’s supervisor or employer as 

the installation commander may 

establish. 

(1) Previous traffic violations 

committed by the offender and points 

assessed may be shown. 

(2) For violations that require a report 

of action taken, the DD Form 1408 will 

be returned to the office of record 

through the reviewing authority as the 

installation commander may establish. 

(3) When the report is received by the 

office of record, that office will enter the 

action on the violator’s driving record.

§ 634.33 Training of law enforcement 

personnel. 

(a) As a minimum, installation law 

enforcement personnel will be trained 

to do the following: 

(1) Recognize signs of alcohol and 

other drug impairment in persons 

operating motor vehicles. 

(2) Prepare DD Form 1920 (Alcohol 

Influence Report). 

(3) Perform the three field tests of the 

improved sobriety testing techniques 

(§ 634.36 (b)). 

(4) Determine when a person appears 

intoxicated but is actually physically or 

mentally ill and requires prompt 

medical attention. 

(5) Understand the operation of 

breath-testing devices. 

(b) Each installation using breathtesting devices will ensure that 

operators of these devices—

(1) Are chosen for integrity, maturity, 

and sound judgment. 

(2) Meet certification requirements of 

the State where the installation is 

located. 

(c) Installations located in States or 

overseas areas having a formal breathtesting and certification program should 

ensure operators attend that training. 

(d) Installations located in States or 

overseas areas with no formal training 

program will train personnel at courses 

offered by selected civilian institutions 

or manufacturers of the equipment. 

(e) Operators must maintain 

proficiency through refresher training 

every 18 months or as required by the 

State.

§ 634.34 Blood alcohol concentration 

standards. 

(a) Administrative revocation of 

driving privileges and other 

enforcement measures will be applied 

uniformly to offenders driving under the 

influence of alcohol or drugs. When a 

person is tested under the implied 

consent provisions of § 634.8, the results 

of the test will be evaluated as follows: 

(1) If the percentage of alcohol in the 

person’s blood is less than 0.05 percent, 

presume the person is not under the 

influence of alcohol. 

(2) If the percentage is 0.05 but less 

than 0.08, presume the person may be 

impaired. This standard may be 

considered with other competent 

evidence in determining whether the 

person was under the influence of 

alcohol. 

(3) If the percentage is 0.08 or more, 

or if tests reflect the presence of illegal 

drugs, the person was driving while 

intoxicated. 

(b) Percentages in paragraph (a) of this 

section are percent of weight by volume 

of alcohol in the blood based on grams 

of alcohol per 100 milliliters of blood. 

These presumptions will be considered 

with other evidence in determining 

intoxication.

§ 634.35 Chemical testing policies and 

procedures. 

(a) Validity of chemical testing.

Results of chemical testing are valid 

under this part only under the following 

circumstances: 

(1) Blood, urine, or other bodily 

substances are tested using generally 

accepted scientific and medical 

methods and standards. 

(2) Breath tests are administered by 

qualified personnel (§ 634.33). 

(3) An evidential breath-testing device 

approved by the State or host nation is 

used. For Army, Air Force, and Marine 

Corps, the device must also be listed on 

the NHTSA conforming products list 

published in the ‘‘Conforming Products 

List for instruments that conform to the 

Model Specification for Evidential 

Breath Testing Devices (58 FR 48705), 

and amendments.’’

(4) Procedures established by the 

State or host nation or as prescribed in 

paragraph (b) of this section are 

followed.

(b) Breath-testing device operational 

procedures. If the State or host nation 

has not established procedures for use 

of breath-testing devices, the following 

procedures will apply: 

(1) Screening breath-testing devices 

will be used—

(i) During the initial traffic stop as a 

field sobriety testing technique, along 

with other field sobriety testing 

techniques, to determine if further 

testing is needed on an evidential 

breath-testing device. 

(ii) According to manufacture 

operating instructions. (For Army, Air 

Force and Marine Corps, the screening 

breath-testing device must also be listed 

on the NHTSA conforming products list 

published in the ‘‘Model Specifications 

for Evidential Breath Testers’’

(September 17, 1993, 58 FR 48705). 

(2) Evidential breath-testing devices 

will be used as follows: 

(i) Observe the person to be tested for 

at least 15 minutes before collecting the 

breath specimen. During this time, the 

person must not drink alcoholic 

beverages or other fluids, eat, smoke, 

chew tobacco, or ingest any substance. 

(ii) Verify calibration and proper 

operation of the instrument by using a 

control sample immediately before the 

test. 

(iii) Comply with operational 

procedures in the manufacturer’s 

current instruction manual. 

(iv) Perform preventive maintenance 

as required by the instruction manual. 

(c) Chemical tests of personnel 

involved in fatal accidents. (1) 

Installation medical authorities will 

immediately notify the installation law 

enforcement officer of—

(i) The death of any person involved 

in a motor vehicle accident. 

(ii) The circumstances surrounding 

such an accident, based on information 

available at the time of admission or 

receipt of the body of the victim. 

(2) Medical authorities will examine 

the bodies of those persons killed in a 

motor vehicle accident to include 

drivers, passengers, and pedestrians 

subject to military jurisdiction. They 

will also examine the bodies of 

dependents, who are 16 years of age or 

older, if the sponsors give their consent. 

Tests for the presence and concentration 

of alcohol or other drugs in the person’s 

blood, bodily fluids, or tissues will be 

made as soon as possible and where 

practical within 8 hours of death. The 

test results will be included in the 

medical reports. 

(3) As provided by law and medical 

conditions permitting, a blood or breath 

sample will be obtained from any 

surviving operator whose vehicle is 

involved in a fatal accident.

§ 634.36 Detection, apprehension, and 

testing of intoxicated drivers. 

(a) Law enforcement personnel 

usually detect drivers under the 

76540 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

influence of alcohol or other drugs by 

observing unusual or abnormal driving 

behavior. Drivers showing such 

behavior will be stopped immediately. 

The cause of the unusual driving 

behavior will be determined, and proper 

enforcement action will be taken. 

(b) When a law enforcement officer 

reasonably concludes that the 

individual driving or in control of the 

vehicle is impaired, field sobriety tests 

should be conducted on the individual. 

The DD Form 1920 may be used by law 

enforcement agencies in examining, 

interpreting, and recording results of 

such tests. Law enforcement personnel 

should use a standard field sobriety test 

(such as one-leg stand or walk and turn) 

horizontal gaze nystagmus tests as 

sanctioned by the National Highway 

Traffic and Safety Administration, and 

screening breath-testing devices to 

conduct field sobriety tests.

§ 634.37 Voluntary breath and bodily fluid 

testing based on implied consent. 

(a) Implied consent policy is 

explained in § 634.8. 

(b) Tests may be administered only if 

the following conditions are met: 

(1) The person was lawfully stopped 

while driving, operating, or in actual 

physical control of a motor vehicle on 

the installation. 

(2) Reasonable suspicion exists to 

believe that the person was driving 

under the influence of alcohol or drugs. 

(3) A request was made to the person 

to consent to the tests combined with a 

warning that failure to voluntarily 

submit to or complete a chemical test of 

bodily fluids or breath will result in the 

revocation of driving privileges. 

(c) As stated in paragraphs (a) and (b) 

of this section, the law enforcement 

official relying on implied consent will 

warn the person that driving privileges 

will be revoked if the person fails to 

voluntarily submit to or complete a 

requested chemical test. The person 

does not have the right to have an 

attorney present before stating whether 

he or she will submit to a test, or during 

the actual test. Installation commanders 

will prescribe the type or types of 

chemical tests to be used. Testing will 

follow policies and procedures in 

§ 634.35. The results of chemical tests 

conducted under the implied consent 

provisions of this part may be used as 

evidence in courts-martial, nonjudicial 

proceedings under Article 15 of the 

UCMJ, administrative actions, and 

civilian courts. 

(d) Special rules exist for persons who 

have hemophilia, other blood-clotting 

disorders, or any medical or surgical 

disorder being treated with an 

anticoagulant. These persons—

(1) May refuse a blood extraction test 

without penalty. 

(2) Will not be administered a blood 

extraction test to determine alcohol or 

other drug concentration or presence 

under this part. 

(3) May be given breath or urine tests, 

or both. 

(e) If a person suspected of 

intoxicated driving refuses to submit to 

a chemical test, a test will not be 

administered except as specified in 

§ 634.38.

§ 634.38 Involuntary extraction of bodily 

fluids in traffic cases. 

(a) General. The procedures outlined 

in this section pertain 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 to believe that 

such individual is intoxicated. 

Extractions of body fluids in furtherance 

of other kinds of investigations are 

governed by the Manual for CourtsMartial, United States, Military Rule of 

Evidence 315 (2002) (MRE 315), and 

regulatory rules concerning requesting 

and granting authorizations for searches. 

(1) Air Force policy on nonconsensual 

extraction of blood samples is addressed 

in AFI 44–102. 

(2) Army and Marine Corps personnel 

should not undertake the 

nonconsensual extraction of body fluids 

for reasons other than a valid medical 

purpose without first obtaining the 

advice and concurrence of the 

installation staff judge advocate or his or 

her designee.

(3) DLA policy on nonconsensual 

taking of blood samples is contained in 

DLAR 5700.7. 

(b) Rule. 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 in §634.37, may nonetheless 

be subjected to an involuntary 

extraction of bodily fluids, including 

blood and urine, only in accordance 

with the following procedures: 

(1) 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 such an individual was 

driving or in control of a vehicle while 

under the influence of an intoxicant. 

(i) A search authorization by an 

appropriate commander or military 

magistrate obtained pursuant to MRE 

315, is required prior to such 

nonconsensual extraction. 

(ii) A search authorization is not 

required under such circumstances 

when there is a clear indication that 

evidence of intoxication will be found 

and there is reason to believe that the 

delay necessary to obtain a search 

authorization would result in the loss or 

destruction of the evidence sought. 

(iii) 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 or legal officer, and 

attempts to obtain authorization from an 

appropriate official prove unsuccessful 

due to the unavailability of a 

commander or military magistrate. 

(2) If authorization from the military 

magistrate or commander proves 

unsuccessful due to the unavailability of 

such officials, the commander of a 

medical facility is empowered by MRE 

315, to authorize such extraction from 

an individual located in the facility at 

the time the authorization is sought. 

(i) Before authorizing the involuntary 

extraction, the commander of the 

medical facility should, if circumstances 

permit, coordinate with the servicing 

staff judge advocate or legal officer. 

(ii) The medical facility commander 

authorizing the extraction under MRE 

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. 

(iii) The authorizing official may 

consider his or her own observations of 

the individual in determining probable 

cause. 

(c) Role of medical personnel.

Authorization for the nonconsensual 

extraction of blood samples for 

evidentiary purposes by qualified 

medical personnel is independent of, 

and not limited by, provisions defining 

medical care, such as the provision for 

nonconsensual medical care pursuant to 

AR 600–20, section IV. Extraction of 

blood will be accomplished by qualified 

medical personnel. (See MRE 312(g)). 

(1) In performing this duty, medical 

personnel are expected to use only that 

amount of force that is reasonable and 

necessary to administer the extraction. 

(2) Any force necessary to overcome 

an individual’s resistance to the 

extraction normally will be provided by 

law enforcement personnel or by 

personnel acting under orders from the 

member’s unit commander. 

(3) Life endangering force will not be 

used in an attempt to effect 

nonconsensual extractions. 

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 76541

(4) All law enforcement and medical 

personnel will keep in mind the 

possibility that the individual may 

require medical attention for possible 

disease or injury. 

(d) Nonconsensual extractions of 

blood will be done in a manner that will 

not interfere with or delay proper 

medical attention. Medical personnel 

will determine the priority to be given 

involuntary blood extractions when 

other medical treatment is required. 

(e) Use of Army medical treatment 

facilities and personnel for blood 

alcohol testing has no relevance to 

whether or not the suspect is eligible for 

military medical treatment. The medical 

effort in such instances is in support of 

a valid military mission (law 

enforcement), not related to providing 

medical treatment to an individual.

§ 634.39 Testing at the request of the 

apprehended person. 

(a) A person subject to tests under 

§ 634.8 may request that an additional 

test be done privately. The person may 

choose a doctor, qualified technician, 

chemist, registered nurse, or other 

qualified person to do the test. The 

person must pay the cost of the test. The 

test must be a chemical test approved by 

the State or host nation in an overseas 

command. All tests will be completed as 

soon as possible, with any delay being 

noted on the results. 

(b) If the person requests this test, the 

suspect is responsible for making all 

arrangements. If the suspect fails to or 

cannot obtain any additional test, the 

results of the tests that were done at the 

direction of a law enforcement official 

are not invalid and may still be used to 

support actions under separate Service 

regulations, UCMJ, and the U.S. 

Magistrate Court.

§ 634.40 General off installation traffic 

activities. 

In areas not under military control, 

civil authorities enforce traffic laws. 

Law enforcement authorities will 

establish a system to exchange 

information with civil authorities. Army 

and Air Force installation law 

enforcement authorities will establish a 

system to exchange information with 

civil authorities to enhance the chain of 

command’s visibility of a soldier’s and 

airman’s off post traffic violations. 

These agreements will provide for the 

assessment of traffic points based on 

reports from state licensing authorities 

involving Army military personnel. The 

provisions of Subpart E of this part and 

the VRS automated system provide for 

the collection of off post traffic incident 

reports and data. As provided in AR 

190–45, civilian law enforcement 

agencies are considered routine users of 

Army law enforcement data and will be 

granted access to data when available 

from Army law enforcement systems of 

records. Off-installation traffic activities 

in overseas areas are governed by formal 

agreements with the host nation 

government. Procedures should be 

established to process reports received 

from civil authorities on serious traffic 

violations, accidents, and intoxicated 

driving incidents involving persons 

subject to this part. The exchange of 

information is limited to Army and Air 

Force military personnel. Provost 

marshals will not collect and use data 

concerning civilian employees, family 

members, and contract personnel except 

as allowed by state and Federal laws.

§ 634.41 Compliance with State laws.

(a) Installation commanders will 

inform service members, contractors 

and DOD civilian employees to comply 

with State and local traffic laws when 

operating government motor vehicles. 

(b) Commanders will coordinate with 

the proper civil law enforcement agency 

before moving Government vehicles that 

exceed legal limits or regulations or that 

may subject highway users to unusual 

hazards. (See AR 55–162/OPNAVINST 

4600.11D/AFJI 24–216/MCO 4643.5C). 

(c) Installation commanders will 

maintain liaison with civil enforcement 

agencies and encourage the following: 

(1) Release of a Government vehicle 

operator to military authorities unless 

one of the following conditions exists. 

(i) The offense warrants detention. 

(ii) The person’s condition is such 

that further operation of a motor vehicle 

could result in injury to the person or 

others. 

(2) Prompt notice to military 

authorities when military personnel or 

drivers of Government motor vehicles 

have—

(i) Committed serious violations of 

civil traffic laws. 

(ii) Been involved in traffic accidents. 

(3) Prompt notice of actions by a State 

or host nation to suspend, revoke, or 

restrict the State or host nation driver’s 

license (vehicle operation privilege) of 

persons who—

(i) Operate Government motor 

vehicles. 

(ii) Regularly operate a POV on the 

installation. (See also § 634.16).

§ 634.42 Civil-military cooperative 

programs. 

(a) State-Armed Forces Traffic 

Workshop Program. This program is an 

organized effort to coordinate military 

and civil traffic safety activities 

throughout a State or area. Installation 

commanders will cooperate with State 

and local officials in this program and 

provide proper support and 

participation. 

(b) Community-Installation Traffic 

Workshop Program. Installation 

commanders should establish a local 

workshop program to coordinate the 

installation traffic efforts with those of 

local communities. Sound and practical 

traffic planning depends on a balanced 

program of traffic enforcement, 

engineering, and education. Civilian 

and military legal and law enforcement 

officers, traffic engineers, safety 

officials, and public affairs officers 

should take part.

Subpart E—Driving Records and the 

Traffic Point System

§ 634.43 Driving records. 

Each Service and DLA will use its 

own form to record vehicle traffic 

accidents, moving violations, 

suspension or revocation actions, and 

traffic point assessments involving 

military and DOD civilian personnel, 

their family members, and other 

personnel operating motor vehicles on a 

military installation. Army installations 

will use DA Form 3626 (Vehicle 

Registration/Driver Record) for this 

purpose. Table 5–1 prescribes 

mandatory minimum or maximum 

suspension or revocation periods. 

Traffic points are not assessed for 

suspension or revocation actions.

TABLE 5–1 OF PART 634—SUSPENSION/

REVOCATION OF DRIVING PRIVILEGES 

(SEE NOTES 1 AND 2). 

Assessment 1: Two-year revocation is 

mandatory on determination of facts by 

installation commander. (For Army, 5-year 

revocation is mandatory.) 

Violation: Driving while driver’s license or 

installation driving privileges are under 

suspension or revocation. 

Assessment 2: One-year revocation is 

mandatory on determination of facts by 

installation commander. 

Violation: Refusal to submit to or failure to 

complete chemical tests (implied consent). 

Assessment 3: One-year revocation is 

mandatory on conviction. 

Violation: A. Manslaughter (or negligent 

homicide by vehicle) resulting from the 

operation of a motor vehicle. 

B. Driving or being in actual physical 

control of a motor vehicle while under the 

influence of intoxicating liquor (0.08% or 

greater on DOD installations; violation of 

civil law off post). 

C. Driving a motor vehicle while under the 

influence of any narcotic, or while under the 

influence of any other drug (including 

alcohol) to the degree rendered incapable of 

safe vehicle operation. 

D. Use of a motor vehicle in the 

commission of a felony. Fleeing the scene of 

an accident involving death or personal 

injury (hit and run). 

E. Perjury or making a false statement or 

affidavit under oath to responsible officials 

76542 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

relating to the ownership or operation of 

motor vehicles. 

F. Unauthorized use of a motor vehicle 

belonging to another, when the act does not 

amount to a felony.

Assessment 4: Suspension for a period of 

6 months or less or revocation for a period 

not to exceed 1 year is discretionary. 

Violation: A. Mental or physical 

impairment (not including alcohol or other 

drug use) to the degree rendered incompetent 

to drive. 

B. Commission of an offense in another 

State which, if committed on the installation, 

would be grounds for suspension or 

revocation. 

C. Permitting an unlawful or fraudulent 

use of an official driver’s license. 

D. Conviction of fleeing, or attempting to 

elude, a police officer. 

E. Conviction of racing on the highway. 

Assessment 5: Loss of OF 46 for minimum 

of 6 months is discretionary. 

Violation: Receiving a second 1-year 

suspension or revocation of driving 

privileges within 5 years. 

Notes: 

1. When imposing a suspension or 

revocation because of an off-installation 

offense, the effective date should be the same 

as the date of civil conviction, or the date 

that State or host-nation driving privileges 

are suspended or revoked. This effective date 

can be retroactive. 

2. No points are assessed for revocation or 

suspension actions. Except for implied 

consent violations, revocations must be based 

on a conviction by a civilian court or courtsmartial, nonjudicial punishment under 

Article 15, UCMJ, or a separate hearing as 

addressed in this part. If revocation for 

implied consent is combined with another 

revocation, such as 1 year for intoxicated 

driving, revocations may run consecutively 

(total of 24 months) or concurrently (total of 

12 months). The installation commander’s 

policy should be applied systematically and 

not on a case-by-case basis.

§ 634.44 The traffic point system. 

The traffic point system provides a 

uniform administrative device to 

impartially judge driving performance 

of Service and DLA personnel. This 

system is not a disciplinary measure or 

a substitute for punitive action. Further, 

this system is not intended to interfere 

in any way with the reasonable exercise 

of an installation commander’s 

prerogative to issue, suspend, revoke, 

deny, or reinstate installation driving 

privileges.

§ 634.45 Point system application. 

(a) The Services and DLA are required 

to use the point system and procedures 

prescribed in this section without 

change. 

(b) The point system in table 5–2 of 

this part applies to all operators of U.S. 

Government motor vehicles, on or off 

Federal property. The system also 

applies to violators reported to 

installation officials in accordance with 

§ 634.32. 

(c) Points will be assessed when the 

person is found to have committed a 

violation and the finding is by either the 

unit commander, civilian supervisor, a 

military or civilian court (including a 

U.S. Magistrate), or by payment of fine, 

forfeiture of pay or allowances, or 

posted bond, or collateral.

TABLE 5–2 OF PART 634—POINT 

ASSESSMENT FOR MOVING TRAFFIC 

VIOLATIONS (SEE NOTE 1). 

A. Violation: Reckless driving (willful and 

wanton disregard for the safety of persons or 

property). 

Points assessed: 6. 

B. Violation: Owner knowingly and 

willfully permitting a physically impaired 

person to operate the owner’s motor vehicle. 

Points assessed: 6. 

C. Violation: Fleeing the scene (hit and 

run)—property damage only. 

Points assessed: 6. 

D. Violation: Driving vehicle while 

impaired (blood-alcohol content more than 

0.05 percent and less than 0.08 percent). 

Points assessed: 6. 

E. Violation: Speed contests. 

Points assessed: 6. 

F. Violation: Speed too fast for conditions. 

Points assessed: 2. 

G. Violation: Speed too slow for traffic 

conditions, and/or impeding the flow of 

traffic, causing potential safety hazard. 

Points assessed: 2. 

H. Violation: Failure of operator or 

occupants to use available restraint system 

devices while moving (operator assessed 

points). 

Points assessed: 2. 

I. Violation: Failure to properly restrain 

children in a child restraint system while 

moving (when child is 4 years of age or 

younger or the weight of child does not 

exceed 45 pounds). 

Points assessed: 2. 

J. Violation: One to 10 miles per hour over 

posted speed limit. 

Points assessed: 3. 

K. Violation: Over 10 but not more than 15 

miles per hour above posted speed limit. 

Points assessed: 4. 

L. Violation: Over 15 but not more than 20 

miles per hour above posted speed limit. 

Points assessed: 5. 

M. Violation: Over 20 miles per hour above 

posted speed limit. 

Points assessed: 6. 

N. Violation: Following too close. 

Points assessed: 4. 

O. Violation: Failure to yield right of way 

to emergency vehicle. 

Points assessed: 4. 

P. Violation: Failure to stop for school bus 

or school-crossing signals. 

Points assessed: 4. 

Q. Violation: Failure to obey traffic signals 

or traffic instructions of an enforcement 

officer or traffic warden; or any official 

regulatory traffic sign or device requiring a 

full stop or yield of right of way; denying 

entry; or requiring direction of traffic. 

Points assessed: 4. 

R. Violation: Improper passing. 

Points assessed: 4. 

S. Violation: Failure to yield (no official 

sign involved). 

Points assessed: 4. 

T. Violation: Improper turning movements 

(no official sign involved). 

Points assessed: 3. 

U. Violation: Wearing of headphones/

earphones while driving motor vehicles (two 

or more wheels). 

Points assessed: 3. 

V. Violation: Failure to wear an approved 

helmet and/or reflectorized vest while 

operating or riding on a motorcycle, MOPED, 

or a three or four-wheel vehicle powered by 

a motorcycle-like engine. 

Points assessed: 3. 

W. Violation: Improper overtaking. 

Points assessed: 3. 

X. Violation: Other moving violations 

(involving driver behavior only). 

Points assessed: 3. 

Y. Violation: Operating an unsafe vehicle. 

(See Note 2). 

Points assessed: 2. 

Z. Violation: Driver involved in accident is 

deemed responsible (only added to points 

assessed for specific offenses). 

Points assessed: 1. 

Notes: 

1. When two or more violations are 

committed on a single occasion, points may 

be assessed for each individual violation. 

2. This measure should be used for other 

than minor vehicle safety defects or when a 

driver or registrant fails to correct a minor 

defect (for example, a burned out headlight 

not replaced within the grace period on a 

warning ticket).

§ 634.46 Point system procedures. 

(a) Reports of moving traffic violations 

recorded on DD Form 1408 or DD Form 

1805 will serve as a basis for 

determining point assessment. For DD 

Form 1408, return endorsements will be 

required from commanders or 

supervisors. 

(b) On receipt of DD Form 1408 or 

other military law enforcement report of 

a moving violation, the unit 

commander, designated supervisor, or 

person otherwise designated by the 

installation commander will conduct an 

inquiry. The commander will take or 

recommend proper disciplinary or 

administrative action. If a case involves 

judicial or nonjudicial actions, the final 

report of action taken will not be 

forwarded until final adjudication. 

(c) On receipt of the report of action 

taken (including action by a U.S. 

Magistrate Court on DD Form 1805), the 

installation law enforcement officer will 

assess the number of points appropriate 

for the offense, and record the traffic 

points or the suspension or revocation 

of driving privileges on the person’s 

driving record. Except as specified 

otherwise in this part and other Service/

DLA regulations, points will not be 

assessed or driving privileges

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 76543

suspended or revoked when the report 

of action taken indicates that neither 

disciplinary nor administrative action 

was taken. 

(d) Installation commanders may 

require the following driver 

improvement measures as appropriate: 

(1) Advisory letter through the unit 

commander or supervisor to any person 

who has acquired six traffic points 

within a 6-month period. 

(2) Counseling or driver improvement 

interview, by the unit commander, of 

any person who has acquired more than 

six but less than 12 traffic points within 

a 6-month period. This counseling or 

interview should produce 

recommendations to improve driver 

performance. 

(3) Referral for medical evaluation 

when a driver, based on reasonable 

belief, appears to have mental or 

physical limits that have had or may 

have an adverse affect on driving 

performance. 

(4) Attendance at remedial driver 

training to improve driving 

performance. 

(5) Referral to an alcohol or drug 

treatment or rehabilitation facility for 

evaluation, counseling, or treatment. 

This action is required for active 

military personnel in all cases in which 

alcohol or other drugs are a contributing 

factor to a traffic citation, incident, or 

accident. 

(e) An individual’s driving privileges 

may be suspended or revoked as 

provided by this part regardless of 

whether these improvement measures 

are accomplished. 

(f) Persons whose driving privileges 

are suspended or revoked (for one 

violation or an accumulation of 12 

traffic points within 12 consecutive 

months, or 18 traffic points within 24 

consecutive months) will be notified in 

writing through official channels 

(§ 634.11). Except for the mandatory 

minimum or maximum suspension or 

revocation periods prescribed by table 

5–1 of this part, the installation 

commander will establish periods of 

suspension or revocation. Any 

revocation based on traffic points must 

be no less than 6 months. A longer 

period may be imposed on the basis of 

a person’s overall driving record 

considering the frequency, flagrancy, 

severity of moving violations, and the 

response to previous driver 

improvement measures. In all cases, 

military members must successfully 

complete a prescribed course in 

remedial driver training before driving 

privileges are reinstated. 

(g) Points assessed against a person 

will remain in effect for point 

accumulation purposes for 24 

consecutive months. The review of 

driver records to delete traffic points 

should be done routinely during records 

update while recording new offenses 

and forwarding records to new duty 

stations. Completion of a revocation 

based on points requires removal from 

the driver record of all points assessed 

before the revocation. 

(h) Removal of points does not 

authorize removal of driving record 

entries for moving violations, chargeable 

accidents, suspensions, or revocations. 

Record entries will remain posted on 

individual driving records for the 

following periods of time. 

(1) Chargeable nonfatal traffic 

accidents or moving violations—3 years. 

(2) Nonmandatory suspensions or 

revocations—5 years. 

(3) Mandatory revocations—7 years.

§ 634.47 Disposition of driving records. 

Procedures will be established to 

ensure prompt notice to the installation 

law enforcement officer when a person 

assigned to or employed on the 

installation is being transferred to 

another installation, being released from 

military service, or ending employment. 

(a) If persons being transferred to a 

new installation have valid points or 

other entries on the driving records, the 

law enforcement officer will forward the 

records to the law enforcement officer of 

the gaining installation. Gaining 

installation law enforcement officers 

must coordinate with applicable 

commanders and continue any existing 

suspension or revocation based on 

intoxicated driving or accumulation of 

traffic points. Traffic points for persons 

being transferred will continue to 

accumulate as specified in § 634.46 (g). 

(b) Driving records of military 

personnel being discharged or released 

from active duty will be retained on file 

for 2 years and then destroyed. In cases 

of immediate reenlistment, change of 

officer component or military or civilian 

retirement when vehicle registration is 

continued, the record will remain 

active. 

(c) Driving records of civilian 

personnel terminating employment will 

be retained on file for 2 years and then 

destroyed. 

(d) Driving records of military family 

members containing point assessments 

or other entries will be forwarded to the 

sponsor’s gaining installation in the 

same manner as for service members. At 

the new installation, records will be 

analyzed and made available 

temporarily to the sponsor’s unit 

commander or supervisor for review. 

(e) Driving records of retirees electing 

to retain installation driving privileges 

will be retained. Points accumulated or 

entries on the driver record regarding 

suspensions, revocations, moving 

violations, or chargeable accidents will 

not be deleted from driver records 

except per § 634.46 (g) and (h). 

(f) Army users will comply with 

paragraphs (a) and (d) of this section by 

mailing the individual’s DA Form 3626 

to the gaining installation provost 

marshal.

Subpart F—Impounding Privately 

Owned Vehicles

§ 634.48 General. 

This Subpart provides the standards 

and procedures for law enforcement 

personnel when towing, inventorying, 

searching, impounding, and disposing 

of POVs. This policy is based on: 

(a) The interests of the Services and 

DLA in crime prevention, traffic safety, 

and the orderly flow of vehicle traffic 

movement.

(b) The vehicle owner’s constitutional 

rights to due process, freedom from 

unreasonable search and seizure, and 

freedom from deprivation of private 

property.

§ 634.49 Standards for impoundment. 

(a) POVs should not be impounded 

unless the vehicles clearly interfere with 

ongoing operations or movement of 

traffic, threaten public safety or 

convenience, are involved in criminal 

activity, contain evidence of criminal 

activity, or are stolen or abandoned. 

(b) The impoundment of a POV would 

be inappropriate when reasonable 

alternatives to impoundment exist. 

(1) Attempts should be made to locate 

the owner of the POV and have the 

vehicle removed. 

(2) The vehicle may be moved a short 

distance to a legal parking area and 

temporarily secured until the owner is 

found. 

(3) Another responsible person may 

be allowed to drive or tow the POV with 

permission from the owner, operator, or 

person empowered to control the 

vehicle. In this case, the owner, 

operator, or person empowered to 

control the vehicle will be informed that 

law enforcement personnel are not 

responsible for safeguarding the POV. 

(c) Impounding of POVs is justified 

when any of the following conditions 

exist: 

(1) The POV is illegally parked—

(i) On a street or bridge, in a tunnel, 

or is double parked, and interferes with 

the orderly flow of traffic. 

(ii) On a sidewalk, within an 

intersection, on a cross-walk, on a 

railroad track, in a fire lane, or is 

blocking a driveway, so that the vehicle 

interferes with operations or creates a 

76544 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

safety hazard to other roadway users or 

the general public. An example would 

be a vehicle parked within 15 feet of a 

fire hydrant or blocking a properly 

marked driveway of a fire station or 

aircraft-alert crew facility. 

(iii) When blocking an emergency exit 

door of any public place (installation 

theater, club, dining hall, hospital, and 

other facility). 

(iv) In a ‘‘tow-away’’ zone that is so 

marked with proper signs. 

(2) The POV interferes with—

(i) Street cleaning or snow removal 

operations and attempts to contact the 

owner have been unsuccessful. 

(ii) Emergency operations during a 

natural disaster or fire or must be 

removed from the disaster area during 

cleanup operations. 

(3) The POV has been used in a crime 

or contains evidence of criminal 

activity. 

(4) The owner or person in charge has 

been apprehended and is unable or 

unwilling to arrange for custody or 

removal. 

(5) The POV is mechanically defective 

and is a menace to others using the 

public roadways. 

(6) The POV is disabled by a traffic 

incident and the operator is either 

unavailable or physically incapable of 

having the vehicle towed to a place of 

safety for storage or safekeeping. 

(7) Law enforcement personnel 

reasonably believe the vehicle is 

abandoned.

§ 634.50 Towing and storage. 

(a) Impounded POVs may be towed 

and stored by either the Services and 

DLA or a contracted wrecker service 

depending on availability of towing 

services and the local commander’s 

preference. 

(b) The installation commander will 

designate an enclosed area on the 

installation that can be secured by lock 

and key for an impound lot to be used 

by the military or civilian wrecker 

service. An approved impoundment 

area belonging to the contracted wrecker 

service may also be used provided the 

area assures adequate accountability 

and security of towed vehicles. One set 

of keys to the enclosed area will be 

maintained by the installation law 

enforcement officer or designated 

individual. 

(c) Temporary impoundment and 

towing of POVs for violations of the 

installation traffic code or involvement 

in criminal activities will be 

accomplished under the direct 

supervision of law enforcement 

personnel.

§ 634.51 Procedures for impoundment. 

(a) Unattended POVs. (1) DD Form 

2504 (Abandoned Vehicle Notice) will 

be conspicuously placed on POVs 

considered unattended. This action will 

be documented by an entry in the 

installation law enforcement desk 

journal or blotter. 

(2) The owner will be allowed 3 days 

from the date the POV is tagged to 

remove the vehicle before impoundment 

action is initiated. If the vehicle has not 

been removed after 3 days, it will be 

removed by the installation towing 

service or the contracted wrecker 

service. If a contracted wrecker service 

is used, a DD Form 2505 (Abandoned 

Vehicle Removal Authorization) will be 

completed and issued to the contractor 

by the installation law enforcement 

office. 

(3) After the vehicle has been 

removed, the installation law 

enforcement officer or the contractor 

will complete DD Form 2506 (Vehicle 

Impoundment Report) as a record of the 

actions taken. 

(i) An inventory listing personal 

property will be done to protect the 

owner, law enforcement personnel, the 

contractor, and the commander. 

(ii) The contents of a closed container 

such as a suitcase inside the vehicle 

need not be inventoried. Such articles 

should be opened only if necessary to 

identify the owner of the vehicle or if 

the container might contain explosives 

or otherwise present a danger to the 

public. Merely listing the container and 

sealing it with security tape will suffice. 

(iii) Personal property must be placed 

in a secure area for safekeeping. 

(4) DD Form 2507 (Notice of Vehicle 

Impoundment) will be forwarded by 

certified mail to the address of the last 

known owner of the vehicle to advise 

the owner of the impoundment action, 

and request information concerning the 

owner’s intentions pertaining to the 

disposition of the vehicle. 

(b) Stolen POVs or vehicles involved 

in criminal activity.

(1) When the POV is to be held for 

evidentiary purposes, the vehicle 

should remain in the custody of the 

applicable Service or DLA until law 

enforcement purposes are served. 

(2) Recovered stolen POVs will be 

released to the registered owner, unless 

held for evidentiary purposes, or to the 

law enforcement agency reporting the 

vehicle stolen, as appropriate. 

(3) A POV held on request of other 

authorities will be retained in the 

custody of the applicable Service or 

DLA until the vehicle can be released to 

such authorities.

§ 634.52 Search incident to impoundment 

based on criminal activity. 

Search of a POV in conjunction with 

impoundment based on criminal 

activity will likely occur in one of the 

following general situations: 

(a) The owner or operator is not 

present. This situation could arise 

during traffic and crime-related 

impoundments and abandoned vehicle 

seizures. A property search related to an 

investigation of criminal activity should 

not be conducted without search 

authority unless the item to be seized is 

in plain view or is readily discernible 

on the outside as evidence of criminal 

activity. When in doubt, proper search 

authority should be obtained before 

searching. 

(b) The owner or operator is present. 

This situation can occur during either a 

traffic or criminal incident, or if the 

operator is apprehended for a crime or 

serious traffic violation and sufficient 

probable cause exists to seize the 

vehicle. This situation could also arise 

during cases of intoxicated driving or 

traffic accidents in which the operator is 

present but incapacitated or otherwise 

unable to make adequate arrangements 

to safeguard the vehicle. If danger exists 

to the police or public or if there is risk 

of loss or destruction of evidence, an 

investigative type search of the vehicle 

may be conducted without search 

authority. (Air Force, see AFP 125–2).

§ 634.53 Disposition of vehicles after 

impoundment. 

(a) If a POV is impounded for 

evidentiary purposes, the vehicle can be 

held for as long as the evidentiary or 

law enforcement purpose exists. The 

vehicle must then be returned to the 

owner without delay unless directed 

otherwise by competent authority.

(b) If the vehicle is unclaimed after 

120 days from the date notification was 

mailed to the last known owner or the 

owner released the vehicle by properly 

completing DD Form 2505, the vehicle 

will be disposed of by one of the 

following procedures: 

(1) Release to the lienholder, if 

known. 

(2) Processed as abandoned property 

in accordance with DOD 4160.21–M. 

(i) Property may not be disposed of 

until diligent effort has been made to 

find the owner; or the heirs, next of kin, 

or legal representative of the owner. 

(ii) The diligent effort to find one of 

those mentioned in paragraph (a) of this 

section shall begin not later than 7 days 

after the date on which the property 

comes into custody or control of the law 

enforcement agency. 

(iii) The period for which this effort 

is continued may not exceed 45 days. 

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 76545

(iv) If the owner or those mentioned 

in § 634.52 are determined, but not 

found, the property may not be disposed 

of until the expiration of 45 days after 

the date when notice, giving the time 

and place of the intended sale or other 

disposition, has been sent by certified or 

registered mail to that person at his last 

known address. 

(v) When diligent effort to determine 

those mentioned in paragraph (b)(2)(iv) 

of this section is unsuccessful, the 

property may be disposed of without 

delay, except that if it has a fair market 

value of more than $500, the law 

enforcement official may not dispose of 

the property until 45 days after the date 

it is received at the storage point. 

(c) All contracts for the disposal of 

abandoned vehicles must comply with 

10 U.S.C. 2575.

Subpart G—List of State Driver’s 

License Agencies

§ 634.54 List of State Driver’s License 

Agencies. 

Notification of State Driver’s License 

Agencies. The installation commander 

will notify the State driver’s license 

agency of those personnel whose 

installation driving privileges are 

revoked for 1 year or more, following 

final adjudication of the intoxicated 

driving offense or for refusing to submit 

to a lawful blood-alcohol content test in 

accordance with § 634.8. This 

notification will include the basis for 

the suspension and the blood alcohol 

level. The notification will be sent to the 

State in which the driver’s license was 

issued. State driver’s license agencies 

are listed as follows: 

Alabama: Motor Vehicle Division, 

2721 Gunter Park Drive, Montgomery, 

AL 36101, (205) 271–3250. 

Alaska: Motor Vehicle Division, P.O. 

Box 100960, Anchorage, AK 99510, 

(907) 269–5572. 

Arizona: Motor Vehicle Division, 

1801 West Jefferson Street, Phoenix, AZ 

85007, (602) 255–7295. 

Arkansas: Motor Vehicle Division Joel 

& Ledbetter Bldg., 7th and Wolfe Streets, 

Little Rock, AR 72203, (501) 371–1886. 

California: Department of Motor 

Vehicles, P.O. Box 932340, Sacramento, 

CA 94232, (916) 445–0898. 

Colorado: Motor Vehicle Division, 

140 West Sixth Avenue, Denver, CO 

80204, (303) 866–3158. 

Connecticut: Department of Motor 

Vehicles, 60 State Street, Wethersfield, 

CT 06109, (203) 566–5904. 

Delaware: Motor Vehicle Director, 

State Highway Administration Bldg., 

P.O. Box 698, Dover, DE 19903, (302) 

736–4421. 

District of Columbia: Department of 

Transportation, Bureau of Motor 

Vehicles, 301 C Street, N.W., 

Washington, DC 20001, (202) 727–5409. 

Florida: Division of Motor Vehicles, 

Neil Kirkman Building, Tallahassee, FL 

32301, (904) 488–6921. 

Georgia: Motor Vehicle Division, 

Trinity-Washington Bldg., Room 114, 

Atlanta, GA 30334, (404) 656–4149. 

Hawaii: Division of Motor Vehicle 

and Licensing, 1455 S. Benetania Street, 

Honolulu, HI 96814, (808) 943–3221. 

Idaho: Transportation Department, 

3311 State Street, P.O. Box 34, Boise, ID 

83731, (208) 334–3650. 

Illinois: Secretary of State, Centennial 

Building, Springfield, IL 62756, (217) 

782–4815. 

Indiana: Bureau of Motor Vehicles, 

State Office Building, Room 901, 

Indianapolis, IN 46204, (317) 232–2701. 

Iowa: Department of Transportation 

Office of Operating Authority, Lucas 

Office Bldg., Des Moines, IA 50319, 

(515) 281–5664. 

Kansas: Department of Revenue, 

Division of Vehicles, Interstate 

Registration Bureau, State Office Bldg., 

Topeka, KS 66612, (913) 296–3681. 

Kentucky: Department of 

Transportation, New State Office 

Building, Frankfort, KY 40622, (502) 

564–4540. 

Louisiana: Motor Vehicle 

Administrator, S. Foster Drive, Baton 

Rouge, LA 70800, (504) 925–6304. 

Maine: Department of State, Motor 

Vehicle Division, Augusta, ME 04333, 

(207) 289–5440. 

Maryland: Motor Vehicle 

Administration, 6601 Ritchie Highway, 

N.E., Glen Burnie, MD 21062, (301) 

768–7000. 

Massachusetts: Registry of Motor 

Vehicles, 100 Nashua Street, Boston, 

MA 02114, (617) 727–3780. 

Michigan: Department of State, 

Division of Driver Licenses and Vehicle 

Records, Lansing, MI 48918, (517) 322–

1486.

Minnesota: Department of Public 

Safety, 108 Transportation Building, St. 

Paul, MN 55155, (612) 296–2138. 

Mississippi: Office of State Tax 

Commission, Woolfolk Building, 

Jackson, MS 39205, (601) 982–1248. 

Missouri: Department of Revenue, 

Motor Vehicles Bureau, Harry S. 

Truman Bldg., 301 W. High Street, 

Jefferson City, MO 65105, (314) 751–

3234. 

Montana: Highway Commission, Box 

4639, Helena, MT 59604, (406) 449–

2476. 

Nebraska: Department of Motor 

Vehicles, P.O. Box 94789, Lincoln, NE 

68509, (402) 471–3891. 

Nevada: Department of Motor 

Vehicles, Carson City, NV 89711, (702) 

885–5370. 

New Hampshire: Department of 

Safety, Division of Motor Vehicles, 

James H. Haynes Bldg., Concord, NH 

03305, (603) 271–2764. 

New Jersey: Motor Vehicle Division, 

25 S. Montgomery Street, Trenton, NJ 

08666, (609) 292–2368. 

New Mexico: Motor Transportation 

Division, Joseph M. Montoya Building, 

Santa Fe, NM 87503, (505) 827–0392. 

New York: Division of Motor 

Vehicles, Empire State Plaza, Albany, 

NY 12228, (518) 474–2121. 

North Carolina: Division of Motor 

Vehicles, Motor Vehicles Bldg., Raleigh, 

NC 27697, (919) 733–2403. 

North Dakota: Motor Vehicle 

Department, Capitol Grounds, Bismarck, 

ND 58505, (701) 224–2619. 

Ohio: Bureau of Motor Vehicles, P.O. 

Box 16520, Columbus, OH 43216, (614) 

466–4095. 

Oklahoma: Oklahoma Tax 

Commission, Motor Vehicle Division, 

2501 Lincoln Boulevard, Oklahoma 

City, OK 73194, (405) 521–3036. 

Oregon: Motor Vehicles Division, 

1905 Lana Avenue, N.E., Salem, OR 

97314, (503) 378–6903. 

Pennsylvania: Department of 

Transportation, Bureau of Motor 

Vehicles, Transportation and Safety 

Bldg., Harrisburg, PA 17122, (717) 787–

3130. 

Rhode Island: Department of Motor 

Vehicles, State Office Building, 

Providence, RI 02903, (401) 277–6900. 

South Carolina: Motor Vehicle 

Division, P.O. Drawer 1498, Columbia, 

SC 29216, (803) 758–5821. 

South Dakota: Division of Motor 

Vehicles, 118 W. Capitol, Pierre, SD 

57501, (605) 773–3501. 

Tennessee: Department of Revenue, 

Motor Vehicle Division, 500 Deaderick 

Street, Nashville, TN 37242, (615) 741–

1786. 

Texas: Department of Highways and 

Public Transportation, Motor Vehicle 

Division, 40th and Jackson Avenue, 

Austin, TX 78779, (512) 475–7686. 

Utah: Motor Vehicle Division State 

Fairgrounds, 1095 Motor Avenue, Salt 

Lake City, UT 84116, (801) 533–5311. 

Vermont: Department of Motor 

Vehicles, State Street, Montpelier, VT 

05603, (802) 828–2014. 

Virginia: Department of Motor 

Vehicles, 2300 W. Broad Street, 

Richmond, VA 23220, (804) 257–1855. 

Washington: Department of Licensing, 

Highways-Licenses Building, Olympia, 

WA 98504, (206) 753–6975. 

West Virginia: Department of Motor 

Vehicles, 1800 Washington Street, East, 

Charleston, WV 25317 (304) 348–2719. 

Wisconsin: Department of 

Transportation Reciprocity and Permits, 

P.O. Box 7908, Madison, WI 53707, 

(608) 266–2585. 

76546 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

Wyoming: Department of Revenue, 

Policy Division, 122 W. 25th Street, 

Cheyenne, WY 82002 (307) 777–5273. 

Guam: Deputy Director, Revenue and 

Taxation, Government of Guam, Agana, 

Guam 96910 (no phone number 

available). 

Puerto Rico: Department of 

Transportation and Public Works, 

Bureau of Motor Vehicles, P.O. Box 

41243, Minillas Station, Santurce, 

Puerto Rico 00940, (809) 722–2823.

[FR Doc. 04–27568 Filed 12–20–04; 8:45 am] 

BILLING CODE 3710–08–P