100.68, TE Policy Flashcards by Raul Nuñez

CVC Section _______ establishes the Motor Vehicle Safety Act.

27315 CVC. (HPM 100.68, Chapter 5)

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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)

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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)

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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)

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Passenger vehicles manufactured on or after January 1, 1968, require ________ in front outboard seating positions.

Three-point systems (HPM 100.68, Chapter 5)

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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)

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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)

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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)

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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)

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Officers should not/shall not recommend the use of a particular child passenger restraint system.

Shall not recommend (HPM 100.68, Chapter 5)

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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)

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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)

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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)

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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)

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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)

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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)

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Officers shall use _______ ______ to compensate for speedometer/odometer error to ensure optimum accuracy of cited speeds.

Professional judgment.

(HPM 100.68, Chapter 3)

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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)

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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)

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CAS meets the definition of a _____ _____ and would not be legal under Section 40801 CVC.

Speed trap.

(HPM 100.68, Chapter 3)

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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)

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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)

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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)

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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)

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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?

1. 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)

A primary collision factor vehicle (PCFV) is a marked departmental vehicle which does not display what?

Traditional color configuration and markings. (HPM 100.68, Chapter 3)

Personnel operating PCFV's shall enter Special Project Code (SPC) ___ in the Special box on all 215's.

66 (HPM 100.68, Chapter 3)

Section 627 WIC provides that an officer taking a minor before a probation officer or to a place of confinement **(should/shall)** take immediate steps to notify a relative.

**shall** (HPM 100.68, 2-6)

A minor taken into custody has a right to make ___ telephone calls and are to be allowed no later than __ hour(s) after the arrest.

two, one (HPM 100.68, 2-6)

True or False: Calls made by a minor who has been taken into custody must be made in the presence of an officer or employee.

True. (HPM 100.68, 2-6)

Before a minor may be detained in a police or sheriff's lockup, not jail, the minor must meet what 3 criteria?

1. 14 years of age or older. 2. Violated a criminal law. 3. Reasonable belief they present serious security risk of harm to self or others. (HPM 100.68, 2-7)

If a minor meeting the required criteria is locked in a room or cell in a station, what is the maximum amount of time the minor may be detained before being transferred to a juvenile facility?

6 hours. (HPM 100.68, 2-7)

The temporary detention of a minor in a lockup or locked room must be for what purposes?

Give time to investigate the case or facilitate release to parent or guardian, or transfer to juvenile facility. (HPM 100.68, 2-7)

A minor taken into custody for a violation of criminal law who is under 14 year old, and is NOT believed to be a security risk may be kept in temporary custody at a law enforcement facility, provided they are kept ______ and are adequately ______ to ensure there is no contact with \_\_\_-\_\_\_\_\_ \_\_\_\_\_\_.

nonsecure, supervised, in-custody adults. (HPM 100.68, 2-7)

The total secure and nonsecure detention time in a law enforcement facility for a juvenile is ____ hours.

six HPM 100.68, 2-7)

When it is necessary to get a chemical test from a minor who has been taken into custody, what locations should be used if possible?

Buildings without a jail facility. (HPM 100.68, 2-8)

When a person arrested by this Department is released from custody without being formally charged with an offense, that person shall be issued a .

CHP 103, Certificate of Release from Custody. (HPM 100.68, 2-11)

True or False. A minor does not need to be read the Miranda warning if interrogation will not be conducted.

False. Regardless of interrogation, you shall advise Miranda to a minor. (HPM 100.68, 2-9)

To comply with the provision of Section 627 WIC, a reasonable effort to notify a _____ or _____ shall be made regarding the minor's arrest.

parent, guardian (HPM 100.68, 2-10)

When an officer accepts a private persons arrest for an offense NOT requiring a mandatory appearance, what should be done?

1. Identify the arrested person. 2. Issue a CHP 215 and enter "private person arrest" in the "Special" box. 3. Complete CHP 202 or 216 and forward with CHP 215 to court. HPM 100.68, 2-10)

When an officer accepts a private persons arrest for an offense requiring a mandatory appearance, what should be done?

Take the arrested person without delay before a magistrate. (HPM 100.68, 2-10)

True or False: There is NO requirement for the officer accepting custody of a person arrested by a private citizen to determine probable cause for the arrest.

True (Kinney vs. County of Contra Costa) (HPM 100.68, 2-11)

If an officer becomes satisfied that there are insufficient ground for making a criminal complaint against a person who was arrested by a private person, what should the officer do?

Release the party from custody per 849 (b)(1) PC and issue a CHP 103, Certificate of Release from Custody. (HPM 100.68, 2-11)

When a person arrested by this Department is released from custody without being formally charged with an offense, that person shall be issued a .

CHP 103

A CHP 103 should normally be issued by \_\_\_\_\_\_\_

a supervisor. (HPM 100.68, 2-11)

While on duty, supervisors should/shall have copies of the CHP 103 in thier possession.

shall (HPM 100.68, 2-12)

When circumstances require issuance of a CHP 103, it shall be completed in \_\_\_\_\_\_

duplicate. (HPM 100.68, 2-12)

Off-duty enforcement actions are discouraged and should not be conducted unless the violation is _____ in nature or poses a _____ to the public.

serious, danger. (HPM 100.68, 2-16)

When a prisoner requests or is provided medical attention, arrest reports should include, at a minimum, the what additional information:

1. Nature of illness/injury. 2. Name of attending doctor and their recommendations. 3. If jail personnel were requested to arrange medical care. 4. Time elements, symptoms, details of transportation and treatment.

Who may approve the use of unmarked vehicles for the apprehension of violations of 23109 VC?

Commissioner (HPM 100.68, Chapter 3)

A major responsibility of this Department is to provide assistance to _______ \_\_\_\_\_\_.

Stranded Motorists. (HPM 100.68, Chapter 3)

Officers **should/shall** not park on the shoulder for the sole purpose of enforcing 21809 VC.

Shall. (HPM 100.68, Chapter 3)

What must a vehicle owned by a physician have displayed in order to be exempt from basic speed laws when responding to an emergency?

The California Medical Association (red background with triple black-line border, visible from 50 feet) (HPM 100.68, Chapter 3)

To ensure motorist safety, escorts **should / shall** not be provided to drivers of private vehicles for medical emergencies.

Should not. (HPM 100.68, Chapter 3)

Is it illegal to display, sell, offer for sale, or otherwise vend or attempt to vend any merchandise, food product, or service within any vista point or safety roadside rest area?

Yes, per section 225.5 SHC (Streets and Highways Code) (HPM 100.68, Chapter 3)

The Department of California Highway Patrol (CHP) is responsible for protecting \_\_\_\_\_and _______ on the highways of California.

Life and Property (HPM 100.68, Chapter 1)

TRUE/FALSE: Officers shall not attempt to make a determination as to whether or not a motorcyclist's helmet is in compliance with FMVSS Standard No. 218 prior to or during an enforcement stop.

True. (HPM 100.68, 4-4)

The Federal Motor Vehicle Safety Standards (FMVSS) for motorcycle helmets require each helmet be labeled permanently and legibly showing the following:

A. Manufacturer's name. B. Model Designation C. Size. D. Month and Year of Manufacture E. The symbol "DOT" (HPM 100.68, 4-4)

Officers should/shall not cite for hard shell beanie-type helmets

Shall not (HPM 100.68, 4-4)

Officers should/shall not seize any helmet, or purported helmet, as evidence.

Shall not | (HPM 100.68, 4-4)

True/False: Supervisor approval shall be obtained before citing a motorcyclist for wearing any type of head covering an officer determines is not a motorcycle helmet.

True. (HPM 100.68, 4-4)

The violation for a motorcyclist not wearing a head covering which is obviously not a motorcycle helmet, shall be \_\_\_\_\_\_\_\_.

Correctable. (HPM 100.68, 4-5)

Officers should/shall not arbitrarily stop operators of bicycles, non motorized scooters, skateboards, in-line or roller skates, electric bicycles, or EMBs to determine compliance with the Helmet law.

Shall not. (HPM 100.68, 4-6)

Officers shoud/shall take appropriate enforcement action for violations of CVC sections governing the operation of bicycles, electric bicycles, electric bicycles, and Electronically motorized boards.

Shall (HPM 100.68, 4-10)

Persons arrested for operating a bicycle, Electronically motorized board, or motorized bicycle while under the influence of alcohol and/or drugs should be handled according to the provisions contained in \_\_\_\_\_\_\_\_.

HPM 70.4, Driving under the Influence Enforcement Manual. (HPM 100.68, 4-11)

Section \_\_\_\_\_CVC defines a pedicab as a bicycle that has three or more wheels, is used for transporting passengers for hire, and may pull a trailer, sidecar, or similar device, which is also used for transporting passengers for hire.

Sections 467.5 (a) and (b) CVC (HPM 100.68, 4-13)

True/False: Pedicabs, also known as "party bikes" and "bike bars" with up to 15 passengers may allow alcohol to be consumed on board, requiring both an operator and an onboard safety monitor.

True. (HPM 100.68, 4-13)

A pedicab or "party bike" can not hold more than __ passengers

15 (HPM 100.68, 4-14)

True/False: A pedicab or "party bike" does not need to be equipped with seatbelts.

False. (HPM 100.68, 4-14)

Section _____ defines a "motorized scooter" as any two-wheeled device that has handlebars, a floorboard that is designed to be stood upon when riding, and is powered by an electric motor.

407.5 CVC (HPM 100.68, 4-15)

Section _____ makes it a misdemeanor for anyone to ride a motorized scooter upon a highway while under the influence of alcohol and/or drugs.

21221.5 CVC (HPM 100.68, 4-16)

Section ____ defines a pocket bike as a two-wheeled motorized device that has a seat or saddle for the use of the rider, which is not designed or manufactured for highway use.

473 CVC. (HPM 100.68, 4-18)

Section ____ prohibits pocket bikes from being operated on a sidewalk, roadway or any other part of a highway, or on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to off-highway motor vehicle use.

21720 CVC (HPM 100.68, 4-18)

Section ___ defines an electric personal assistive mobility device as a self-balancing, nontandem, two-wheeled device that is not greater than 20 inches deep and 25 inches wide, can turn in place, transports only one person, has an electric propulsion system averaging less than 750 watts, and the maximum speed, when powered solely by a propulsion system on a paved, level surface, is not more 12.5 miles per hour. (e.g. Segway)

313 CVC (HPM 100.68, 4-19)

Officers should/shall take appropriate enforcement action for violations of local ordinances governing the operation of an Electric personal assistive mobility device. (Segway)

Shall (HPM 100.68, 4-19)

True/False: The CHP is not responsible for off-highway enforcement of Division 16.5 CVC

True, except on highways designated as combined-use highways pursuant to G.O. 40.5. (HPM 100.68, 4-21)

True/False: Off-highway violations seen from a highway should not be pursued into area not intended for vehicular use.

True. (HPM 100.68, 4-22)

The Department is responsible for rendering services to the motoring public. These services include,?

providing information, assisting disabled vehicles, removing traffic hazards ( HPM 100.68, Chapter 1)

Each level of command (should / shall) evaluate each subordinate's demonstrated willingness to accept personal obligations for the fulfillment of departmental duties and objectives within the scope of assigned responsibilities.

Shall. (HPM 100.68, Chapter 1)

The Department’s enforcement efforts must be consistent with?

Organizational values, fairness, ethical practices and equitable treatment for all. (HPM 100.68, Chapter 1)

Officers shall not conduct traffic enforcement stops for the primary purpose of _____ \_\_\_\_\_\_\_\_ in the absence of probable cause or reasonable suspicion to believe the motorist or an occupant of the vehicle is involved in illegal drug-related activity.

drug interdiction. (HMP 100.68, Chapter 1)

The primary purpose of the CHP is _____ \_\_\_\_\_\_\_ and officers should enforce the California Vehicle Code (CVC) with the goal of ensuring and maximizing the safety of hundreds of thousands of motorists on California roads and highways everyday.

Traffic Safety (HPM 100.68, Chapter 1)

Officers (Should / Shall) take appropriate enforcement action for all violations of the law witnessed.

Should. (HPM 100.68, Chapter 1)

Where the law or departmental policy permits, but does not require a physical arrest, the decision to arrest must be based upon?

Sound professional judgement. (HPM 100.68, Chapter 1)

(True / False) A CHP 215 should normally charge a single, major, hazardous violation observed during the continuing movement immediately prior to the enforcement action.

True. (HPM 100.68, Chapter 1)

The _____ \_\_\_\_\_\_, Written Warning, provides officers with another tool to discourage unlawful driving acts without issuing a punitive citation.

CHP 214. (HPM 100.68, Chapter 1)

The CHP 214 shall not be issued in lieu of a ___ \_\_\_\_\_ or ____ \_\_\_\_\_ for a mechanical violation which meets any of the criteria listed in Section 40610(b) CVC.

CHP 215 or CHP 281. (HPM 100.68. Chapter 1)

Officers patrolling the highways observing motorist behavior or writing reports _____ remain on their assigned beats and in public view at all times. Officers ____ \_\_\_\_\_ create an appearance of concealment.

Shall / Shall not. (HPM 100.68, Chapter 1)

Area Commanders ____ refrain from assigning officers to the duty of enforcing any city or county ordinance.

Shall. (HPM 100.68, Chapter 1)

Generally, reports of missing persons should be referred to the appropriate local law enforcement agency. Departmental employees shall provide what information?.

Name, addess and phone number of the appropriate law enforcement agencies.

Departmental personnel shall access the ___ \_\_\_\_\_\_\_\_/\_\_\_-\_\_\_\_\_\_\_ system for possible information on persons reported as missing, overdue, or as a runaway.

144 Hospitalized/In-custody