100.68, 100.9 Flashcards
(f) The CHP 214 shall not be issued in lieu of a CHP 215 or CHP 281 for a mechanical violation which meets any of the criteria listed in Section 40610(b) CVC including:
F S P
1 Evidence of fraud or persistent neglect.
2 Immediate safety hazard.
3 Violator does not agree to or cannot promptly correct the
violation.
(2) Prima Facie Speed Limits. Prima facie enforcement actions shall be guided by the following criteria:
(a) At 10 miles per hour (MPH) or more above the prima facie speed limit, the officer shall stop and take appropriate enforcement action.
(b) From 5 to 9 MPH above the prima facie speed limit, the officer should stop and take appropriate enforcement action.
(c) From 1 to 4 MPH above the prima facie speed, the officer may stop and take appropriate enforcement action.
(b) Enforcement of the absolute speed limits shall be governed by the following:
1 At 5 MPH or more above the absolute speed limit for the vehicle(s) or roadway, the officer shall stop and take appropriate enforcement action.
2 From 1 to 4 MPH above the absolute speed limit for the vehicle(s) or roadway, the officer may stop and take appropriate enforcement action.
3-5
b. Enforcement Guidelines. Slow-moving vehicle enforcement actions against drivers in lanes other than the right-hand lane shall be guided by the following:
(1) At 10 MPH or more below the normal speed of traffic, the officer shall stop and take appropriate enforcement action.
(2) From 5 to 9 MPH below the normal speed of traffic, the officer should stop and take appropriate enforcement action.
(3) From 1 to 4 MPH below the normal speed of traffic, the officer may stop and take appropriate enforcement action.
(5) CHP 215, Notice to Appear. Personnel operating PCFVs shall enter ____ in the Special box on all CHP 215s, except when preparing statistical citations documenting an allied agency turnover as described in HPM 100.9, Enforcement Documents Manual.
Special Project Code (SPC) 66
(c) Drivers who stop to provide free assistance to stranded motorists perform a useful service when such action is done safely. Under Section 21718(a)(4) CVC, anyone “summoned to render assistance to the disabled vehicle or driver of the disabled vehicle” may stop on a freeway. The following actions constitute a request for assistance by a disabled motorist:
C H E W P O
1 A placard* or other sign in or on the vehicle.
2 A call* from an individual or an enforcement agency.
3 A handkerchief* or other cloth on an antenna or door handle.
4 The hood or trunk lid of the vehicle in the open* position.
5 A physical request for assistance, such as waving* the arms.
6 Physical evidence of need for assistance, such as elderly*
persons standing by disabled vehicles.
b. Departmental Use. California Highway Patrol (CHP) use of the CHP 215 includes, but is not limited to, the following:
NAWSAP
(1) As a notice to appear.
(2) As an arrest complaint.
(3) For warrant arrests.
(4) For statistical reporting.
(5) For allied agency turn-overs.
(6) For parental notification.
(c) The violator’s right thumbprint should be placed in the box provided on the reverse side of the court’s copy of the CHP 215. The following is the preferred order for obtaining a fingerprint from a person missing a right thumb (the officer should indicate which fingerprint was obtained from the violator for use in later testimony):
1 Left thumb.
2 Right index finger.
3 Left index finger.
(1) A CHP 215 shall be considered “issued” when:
an alleged violator has signed and received a copy of the citation or
a copy has been mailed to the individual (such as an owner’s responsibility citation). A citation is not considered issued if it does not meet one of these two criteria.
- POLICY.
a. General. A CHP 281 should be prepared after an arrest or other law enforcement action for correctable violations of the CVC involving registration, driver license, or mechanical requirements except under the following conditions:
(1) There is evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct the violation. If
the officer believes the violator will not comply with the conditions of the CHP 281, a CHP 215, Notice to Appear, should be used to record the violation(s).
(4) The violation cited is from subdivision (a) of Section 27151.
b. Canceling a CHP 267. A CHP 267 shall be submitted for cancellation to the appropriate citation processing agency if the Area commander (or the commander’s designee) determines, within _____ of the date of issuance, that conclusive information exists to indicate that the document was improperly prepared.
21 days
CHAPTER 7
CHP 422, VEHICLE CHECK/PARKING WARNING/HIGHWAY DAMAGE REPORT REVISED JULY 2019
c. Follow-up. The upper portion should be assigned for follow-up investigation within ____.
five days
b. Dismissing a CHP 215. A CHP 215 shall be submitted for dismissal to the appropriate court if the commander determines that conclusive information exists to indicate that the document was improperly prepared and the document has already been “issued.” The following procedure shall be followed to request dismissal of a citation or any charge on a citation when a citation has been issued (refer to Section 40500[d] CVC):
(1) The citing/arresting officer submits a ___ to the Area commander concisely documenting the circumstances and justification for requesting dismissal of the citation or charge by the local magistrate (court). If possible, all copies of the citation, except the violator’s copy, should be submitted with the ____.
CHP 51,
CHP 51,
b. Office/OfficerCopy,Duplicate(Green).
(1) Office/officer copies of the CHP 281 are to be retained at the Area office. The minimum retention period is ___ to allow for possible court testimony and/or administrative inspections.
six months
g. In-View Patrol. Officers patrolling the highways observing motorist behavior or writing reports ____ remain on their assigned beats and in public view at all times. Officers shall not create an appearance of concealment.
shall
