100.68, TE Policy Flashcards
CVC Section _______ establishes the Motor Vehicle Safety Act.
27315 CVC. (HPM 100.68, Chapter 5)
It is the Department’s intent to enhance motorist safety by encouraging greater use of occupant restraints through aggressive enforcement. Therefore, officers should/shall take appropriate enforcement action for all observed violations in accordance with the procedures contained in this chapter 5.
Shall take appropriate enforcement action.
(HPM 100.68, Chapter 5)
Regardless of the existence of any other violation of law, officers reasonably suspecting a violation of a passenger restraint requirement may stop a vehicle to determine whether or not a violation of Section _______exists.
27315 CVC (HPM 100.68, Chapter 5)
Title 49 Code of Federal Regulations (49 CFR), Section 571, and Federal Motor Vehicle Safety Standards (FMVSS), Standard Number (No.) 208, requires passenger vehicles manufactured after January 1, ____, and motortrucks and house cars manufactured after January 1, ___, have safety belts installed at all designated seating positions.
1968, 1972 (HPM 100.68, Chapter 5)
Passenger vehicles manufactured on or after January 1, 1968, require ________ in front outboard seating positions.
Three-point systems (HPM 100.68, Chapter 5)
As defined in Section 27315 CVC, what is the definition of the proper use of the safety belt?
Wearing the lower (lap) portion of the safety belt across the hips or upper thighs and the upper (shoulder) portion of the safety belt, if present, across the chest in front. (HPM 100.68, Chapter 5)
Any driver not properly using a safety belt system that is required by FMVSS Standard No. 208 should be issued a CHP 215 for a violation of _____
CVC Section 27315(d)(1). (HPM 100.68, Chapter 5)
Any passenger 16 years of age or older who is not properly using a safety belt system which is required by FMVSS Standard No. 208 should be issued a CHP 215 for a violation of ______
CVC Section 27315(e). (HPM 100.68, Chapter 5)
What term is used by the Department to interprets the condition of a safety belt when the webbing is not excessively worn, is free of any significant cuts, the buckles and inertia-reel assemblies are functional, and they are present and accessible in those seating positions required by federal regulation to have safety belts installed?
Good working order.
(HPM 100.68, Chapter 5)
Officers should not/shall not recommend the use of a particular child passenger restraint system.
Shall not recommend (HPM 100.68, Chapter 5)
Unless trained in the installation of child restraint systems, officers should not/shall not provide directions for the installation of a child restraint system device.
Shall not provide directions. (HPM 100.68, Chapter 5)
The CVC states the officer may cite 16028 (a) V.C. for a driver failing to provide evidence of Financial Responsibility on an enforcement stop or traffic collision; however, it is the policy of the Department that officers should/shall cite that violation.
The officers shall cite 16028 (a) V.C.
(HPM 100.68, Chapter 5)
If a driver involved in a traffic collision is unable to provide proof of FR, a statement such as “_____________” should be included on the CHP 555.
“Requested evidence of FR at (place) and (time), but subject unable to provide”
(HPM 100.68, Chapter 5)
Regarding issuing a Notice to Appear resulting from a traffic collision; Reasonable cause to believe that a primary collision factor or contributing factor violation was committed may be established through the what 4 ways:
- Statements of uninvolved witnesses.
- Physical evidence.
- Statements of involved parties, corroborated by physical evidence.
- A combination of the above which combine to prove the elements of the offense charged.
(HPM 100.68, Chapter 5)
Section _____ establishes a CHP 215 may be issued if, as a result of the officer’s investigation, the officer has evidence, either testimonial or real, or a combination thereof, that would be sufficient to issue a written notice to appear if the officer had personally witnessed the events investigated.
40600 CVC
(HPM 100.68, Chapter 5)
A CHP 215 issued pursuant to CVC Section 40600 (is or is not) considered an arrest.
It is not considered an arrest. Consequently, no authority exists to take a violator, who refuses to sign the CHP 215 issued pursuant to a traffic collision investigation, forthwith before a magistrate.
(HPM 100.68, Chapter 5)
Officers shall use _______ ______ to compensate for speedometer/odometer error to ensure optimum accuracy of cited speeds.
Professional judgment.
(HPM 100.68, Chapter 3)
Officers ____ ____ accelerate above the prima facie or absolute speed limit to determine the actual speed of a vehicle approaching from the rear.
Shall not.
(HPM 100.68, Chapter 3)
Using a stopwatch, odometer, and a calculator to determine a violator’s speed is referred to as the _______ ______ ______ method and is ________.
Computed Average Speed (CAS) method / Prohibited.
(HPM 100.68, Chapter 3)
CAS meets the definition of a _____ _____ and would not be legal under Section 40801 CVC.
Speed trap.
(HPM 100.68, Chapter 3)
22350 shall be used when drivers are charged with the following two things:
- Exceeding prima facie speed limits. 2. Exceeding safe speed limits.
(HPM 100.68, Chapter 3)
At 10 MPH or more above the prima facie speed limit, the officer _____ stop and take appropriate enforcement action.
Shall
(HPM 100.68, Chapter 3)
From 5 to 9 MPH above the prima facie speed limit, the officer _____ stop and take appropriate enforcement action.
Should
(HPM 100.68, Chapter 3)
From 1 to 4 MPH above the prima facie speed limit, the officer _____ stop and take appropriate enforcement action.
May
(HPM 100.68, Chapter 3)
While patrolling on the I-221 you observe a vehicle traveling in excess of 70 MPH in a posted 70 MPH zone. What shall Officer Fng issue the citation for?
22356(b) VC
(HPM 100.68, Chapter 3)
What shall be written after the description of the violation on a CHP 215 issued to an involved party as a result of a traffic collision investigation?
“Issued per CVC Section 40600”
(HPM 100.68, Chapter 5)
Officers should not /shall not unnecessarily impede or obstruct the orderly process of delivering the United States mail.
shall not.
(HPM 100.68, Chapter 5)
Is a person engaged in transporting United States mail subject to state regulations regarding traffic laws?
Yes they are subject to state traffic laws (People v. Don Carlos).
(HPM 100.68, Chapter 5)
Who administers the SNO-PARK program?
The California Department of Parks and Recreation (DPR).
(HPM 100.68, Chapter 5)
Section _______ authorizes the Department to enforce parking regulations
Section 40202(a) CVC.
(HPM 100.68, Chapter 5)
Motor vehicles not displaying a valid SNO-PARK permit should be issued a CHP _____, for a violation of PRC Section 5091.15(a).
CHP 267, Notice of Parking-Registration Violation.
(HPM 100.68, Chapter 5)
Officers should/shall not seize a wireless telephone to determine if the driver is using it for emergency purposes
Shall not. (HPM 100.68, Chapter 5)
Felony violators (shall/should) be physically arrested.
shall
(HPM 100.68, 2-3)
Section 851.5 PC requires that an arrested person has the right to make at least ____ completed telephone calls, no later than ___ hours after arrest.
three, three
(HPM 100.68, 2-3)
As of 1/1/2006, an arrestee who is identified as a custodial parent with responsibility for a minor child shall be entitled to make ____ additional calls in addition to the calls required by 851.5 P.C. in order to arrange for the care of the minor child. These telephone calls shall be given ______ or as soon as practicable.
two, immediately.
(HPM 100.68, 2-3)
What form is to be posted in a CHP Area office that allows arrestees to be temporarily detained (e.g., during a drug recognition evaluation or stolen vehicle investigation) which advises the arrestee of their rights to a phone call?
CHP 975, Penal Code Section 851.5 Arrested Person May Make Telephone Call.
(HPM 100.68, 2-3)
A person taken into custody pursuant to Section ______ and not otherwise released shall be afforded every opportunity permitted by law to sign the CHP 215 and, thereby, secure release from custody.
40302(b) CVC
(HPM 100.68, 2-4)
Once the booking process has been started for a violator who refused to sign a CHP 215, can the violator be released from custody if they reconsider and wish to sign the CHP 215?
No, once the booking process starts, they are in the jailer’s custody and cannot be released by the arresting officer. (HPM 100.68, 2-4)
When a violator refuses to sign the CHP 215, the arresting officer shall direct the violator’s attention to what part of the CHP 215?
Introductory statement over signature line. (HPM 100.68, 2-4)
What are the three transportation considerations which should be given to anyone who has been taken into custody for refusing to sign a CHP 215, but then reconsiders and signs?
- Taken to their vehicle or original place of arrest. 2. If there is no transportation, leave at safe location close to communication and transportation facilities. 3. Do not cause an avoidable hardship in resuming normal activities or place them in foreseeable peril. (HPM 100.68, 2-4)
At 5 MPH or more above the absolute speed limit for the vehicles(s) or roadway, the officer _____ stop and take appropriate enforcement action.
Shall (HPM 100.68, Chapter 3)
From 1-4 MPH above the absolute speed limit for the vehicle(s) or roadway, the officer ____ stop and take appropriate enforcement action.
May (HPM 100.68, Chapter 3)
At 10 MPH or more below the normal speed of traffic, the officer _____ stop and take appropriate enforcement action.
Shall. (HPM 100.68, Chapter 3)
From 5 to 9 MPH below the normal speed of traffic, the officer _____ stop and take appropriate enforcement action.
Should. (HPM 100.68, Chapter 3)
From 1 to 4 MPH below the normal speed of traffic, the officer ____ stop and take appropriate enforcement action.
May. (HPM 100.68, Chapter 3)