100.68 Traffic Enforcement Policy Manual Flashcards
1
Q
What basic method does the Department use for traffic enforcement?
A
In-view patrol.
2
Q
Officers should or shall not conduct traffic stops for the primary purpose of drug interdiction in the absence of probable cause or reasonable suspicion to believe the occupant is involved in illegal drug-related activity.
A
Shall not.
3
Q
What is the primary purpose of the CHP?
A
Traffic safety.
4
Q
What should normally be charged on a CHP 215?
A
A single, major, hazardous violation observed during the continuing movement immediately prior to the stop.
5
Q
Violations identified in what VC sections should be charged on a CHP 281?
A
Section 40303.5 VC - reg, license, and mechanical.
6
Q
What are the disqualifying conditions for a violation listed in 40303.5 VC to be issued on a CHP 215 instead of a CHP 281?
A
Fraud or persistent neglect, Immediate safety hazard, Violator does not agree, or cannot, promptly correct the violation.
7
Q
Roadside mechanical inspections should be limited to vehicles how old?
A
Over 3 years
8
Q
Is parking on freeway ramps for the purpose of observing motorists behavior allowed?
A
No; normally prohibited.
9
Q
Officers are discouraged from parking in the center divider to observe traffic, except when shooting radar.
A
False. Can’t do it for shooting radar either.
10
Q
What is an exception for parking in the center divider for enforcement?
A
HOV violations.
11
Q
Officers should or shall not face the wrong way on a roadway to monitor traffic?
A
Shall not.
12
Q
Section 851.5 PC requires that all arrested persons have the right to make how many phone calls?
A
At least 3, within 3 hours
13
Q
Officers should or shall physically arrest all felony violators as prescribed by law?
A
Shall.
14
Q
What are the conditions for a mandatory appearance under Section 40302 VC?
A
Failure to present satisfactory identification. Refuses to sign the CHP 215. Person demands to be taken before a magistrate. Arrested for 23152 VC.
15
Q
Officers should or shall arrest for the conditions under 40302 VC?
A
Should. But officers shall coordinate the release with a supervisor.
16
Q
Under departmental policy, an officer can elect not to arrest under 40302 VC under which circumstances?
A
The arrest would serve no useful purpose. (elderly, juveniles, pregnant, sick, etc.)
17
Q
A violator who refuses to sign the 215 shall be afforded every opportunity to sign.
A
True.
18
Q
If a violator refuses to sign the 215, the officer must do the following:
A
The officer: Shall direct the violator to the statement above the signature line of the 215. Should explain that signing is the same as a cash bail which is required if taken to jail. If an arrest looks necessary, notify a supervisor. Arrest the subject and take to a magistrate, or if after hours, to jail.
19
Q
If at any time during transportation after a refusal to sign, the violator decides to sign, what shall the officer do?
A
Shall allow violator to sign.
20
Q
During the booking process for a refusal to sign, if the violator decides to sign, what does the officer do?
A
Book. Violator is in the custody of the jail once booking has begun.
21
Q
Once transporting a subject who refused to sign the 215, what should the officer do if the subject reconsiders and signs the 215?
A
Transport back to vehicle or original place of arrest. If unavailable, transport to a safe location convenient to communication and transportation. (Denny’s)
22
Q
Officers should or shall cite and release violators for offenses in 40303 and 40304 VC.
A
Shall.
23
Q
When should a physical arrest be made for violations listed in 40303 and 40304?
A
Under the following conditions: Violator will not be available for due process of law. Not arresting presents a danger. Violation of 2813 VC -refusal to submit to inspection. Violation of 21200.5 VC - riding under the influence.
24
Q
Where is the place of appearance for a juvenile when filling out the 215? Required by what section?
A
In the county where the violation occurred.
25
What section provides that any person under 18 who violates the law is within the jurisdiction of the juvenile court?
602 WI.
26
What does the law provide that officers may do once in custody with a minor?
The following: Release the minor. Deliver the minor to a public or private agency that has an agreement to provide care and shelter. Prepare a 215 for appearance. Take the minor without delay before the county probation officer.
27
When taking a minor to a place of confinement or to a probation officer, the arresting officer shall take immediate steps to notify who?
Relative of the minor.
28
How many phone calls does a minor in custody have the right to make? Within what time frame?
2 phone calls; within 1 hour of the arrest except when physically impossible.
29
Phone calls made by a minor in custody must be made in the presence of an officer or employee.
True.
30
What is the difference between "jail" and a "lockup?"
Jail is a facility administered by a government agency to hold adult criminals sentenced for less than 1 year. Lockup is any locked room under the control of a peace officer for temporary confinement upon arrest.
31
The Welfare and Institutions Code provides that no officer shall detain a minor in a jail or lockup for adults.
True.
32
The following are exceptions for a minor to be in a police or sheriff's lockup.
The following exceptions: Minor is 14 years or older. Minor violated a criminal law. Officer believes the minor presents serious risk of harm to self or others.
33
A minor meeting the exceptions criteria to be placed in a lockup is subject to what conditions?
Following 6 conditions: Not detained for more than 6 hours. For purpose of investigating case, providing for release to parent, or transfer to juvenile facility. Separated from adults. Told how long incarceration will be. Arresting agency must keep written record of need and length of detention. Adequately supervised.
34
If the minor is under 14 or not a security risk, he / she may be kept in lockup under certain conditions.
False. Must be unsecure. Cannot be locked in cell or room.
35
For a minor who is in temporary custody, how long does the officer have to make a final disposition?
Within 6 hours.
36
Can a minor arrested for DUI be brought into an adult jail for FSTs and chemical testing?
Yes. Following conditions must be met: Cannot be locked in a room or cell; continuous supervision; and can't come into contact with in-custody adults.
37
What happens if a minor refuses to sign a 215 for a traffic infraction?
Same procedures as for adults. All in-custody requirements for juveniles apply.
38
Does a minor have to be given a choice of chemical tests per Implied Consent?
Yes.
39
For chemical tests given to minors, officers should use facilities without a jail facility whenever possible.
True.
40
In no event shall a minor be present in an adult facility or jail for more than how many hours?
2
41
When must an officer advise a minor of Miranda?
After custodial arrest and before interrogation. If no interrogation will be done, the officer must advise Miranda prior to release of the minor to a parent or detention facility.
42
Can an officer's responsibility to make reasonable effort to notify the parent of an in-custody minor be given to the probation office if they agree to do it?
Yes.
43
An officer should or shall accept custody of a person arrested by a private person.
Shall. Officer shall ensure the arrest was made in accordance with law.
44
What is the procedure for a private person's arrest for an offense not requiring mandatory appearance?
Take custody of the person; issue 215 with "private person's arrest" in special box; cite and release the person; attach 202 or 216 and include arresting person's info on the witness page.
45
If the arrest by a private person is for a felony or misdemeanor requiring mandatory appearance, what is the process.
Arrest and book as normal. Include arresting person's info on witness page.
46
What should an officer do if a private person's arrest is made for a violation normally handled by an allied agency?
Take custody of the person and call the allied agency to handle the arrest to conclusion.
47
For a private person's arrest, the officer is required to determine the probable cause of the arrest.
False. There is no requirement for the officer to determine PC.
48
For a private person's arrest, if the officer becomes aware that there was insufficient grounds for the arrest, what should the officer do?
Take custody of the person and then release pursuant to 849(b) PC; issue a CHP 103; document the incident on a memorandum to Area.
49
When a person arrested is released from custody without being charged, what must the officer issue that person?
CHP 103.
50
Should a CHP 103 normally be issued by a supervisor?
Yes, but an officer may issue it.
51
Supervisors should or shall have the CHP 103 in his or her possession?
Shall.
52
Does a CHP 103 have to be issued to a person no longer under physical control of the Department if that person is going to be released from custody without being charged with an offense.
Yes. Shall issue. Responsibility of commander.
53
A person is released from custody on OR or bail and prior to arraignment, the DA declines to prosecute. Does a CHP 103 have to be issued?
Yes. Shall issue. Responsibility of commander.
54
When a CHP 103 is issued, how many copies are completed? Where do they go?
2 copies. One to the Area office and one to the person released.
55
Can the CHP 103 be mailed to the person released?
Yes.
56
Physical arrest for unlicensed or suspended driver shall only be made under what circumstances?
Supervisor approval or in response to a warrant.
57
For violations of unlicensed or suspended driving, officers shall impound the vehicle.
False. Officers can admonish the driver not to drive or allow a licensed passenger to drive.
58
The graduated provisional license is given to persons of what age?
At least 16 and under 18.
59
At what age can a person obtain a drivers learner's permit?
15 . Must be accompanies by a licensed driver 25 years or older.
60
A driver with a learner's permit can also operate a motorcycle or motorized scooter.
False.
61
For how long is a driver on a provisional license subject to restrictions?
12 months.
62
What are the restrictions for a provisional licensee during the first 12 months?
Unless accompanied by the licensee's parent or guardian who is licensed, a licensed driver 25 years of age or older, or a certified driving instructor, the provisional licensee shall not: Drive between the hours of 11 pm and 5 am. Transport passengers under the age of 21 at any time.
63
Are there any exceptions to the restrictions for a provisional licensee?
Yes. Granted when reasonable transportation is not available. Minor must carry a note from the appropriate person. Medical necessity. School or school activity. Employment necessity. Immediate need of family member. Emancipated minor.
64
What section shall be cited for a provisional licensee driving outside of the provisional restrictions?
12814.6 (b)(1) VC
65
Unless a violation poses a serious danger to the public, off-duty enforcement is discouraged.
True.
66
Officers involved in off-duty enforcement shall notify their command when they return to work.
False. Shall notify as soon as practical.
67
A one-on-one confrontation between an off-duty officer and a violator should or shall be avoided.
Should.
68
Officers should or shall document all off-duty enforcement action.
Shall.
69
Officers should or shall arrange for medical examination of prisoners upon request regardless of outward symptoms of injury or illness.
Shall.
70
When a prisoner requests or is provided medical attention, what should be included in the arrest report?
Should include the following: Nature of illness or injury. Doctor's name and recommendations. Whether jail personnel were requested to arrange for medical care. Time elements, symptoms, and details of the transportation.
71
Can officers accelerate above the speed limit to pace vehicles approaching from the rear?
Shall not.
72
When a violator overtakes a patrol car operated at the speed limit, how should speed enforcement be taken?
Cite the driver for estimated speed over the speed limit.
73
Determining violator speed by using computed ave. speed (time / distance formula) is prohibited.
True. Can constitute a speed trap. Ok in departmental aircraft, but not patrol cars.
74
What are the citing guidelines for prima facie speed limits?
Guidelines are:
10 mph or more over - shall stop / should cite.
5 to 9 mph over - should stop / take appropriate action.
1 - 4 mph over - may stop / take appropriate action.
75
What section shall be cited for speed in excess of 10 mph?
22348(b) VC
76
What section shall be cited for posted 65 mph on freeways or roadways, or if unposted on freeway?
22349(a) VC
77
What section shall be cited for posted or unposted two lane undivided highway at 55 mph?
22349(b) VC
78
What section shall be cited on fwy posted 70 mph?
22356(b) VC
79
What are the guidelines for citing absolute speed violations?
Guidelines:
5 mph or more - shall stop / should cite.
1 to 4 mph above - may stop / take appropriate action.
80
A tank vehicle transporting more than how many gallons of flammable liquid is subject to penalty enhancement for any speed violation or reckless driving?
500
81
What is entered on the 215 for the flammable liquid tanker speed / reckless enhancement?
"Enhanced penalty per 22406.5 VC" after the violation section.
82
Does 22350 VC apply to freeways posted at less than 65 mph?
Yes.
83
What is meant by "normal speed of traffic?"
Average speed of vehicles in the same lane.
84
When must a slow moving driver move as close as practicable to the right side of the roadway?
When doing all of the following: When traveling less than the max speed limit. When impeding traffic from behind. When not keeping up with traffic ahead.
85
Are vehicles subject to designated lane use per 22406 VC exempt from the "right hand rule?"
Yes.
86
What are the guidelines for slow moving vehicles not in the right hand lane?
Guidelines:
10 mph or more below normal speed - shall stop / should cite.
5 to 9 mph below normal speed - should stop / take appropriate action.
1-4 mph below normal speed - may stop / take appropriate action.
87
Is an SMPV an unmarked or undercover enforcement vehicle?
No. Meets the requirements of Title 13 CCR for distinctive color for traffic enforcement.
88
What was the purpose of Senate Concurrent Resolution 35 pertaining to SMPVs?
The CHP may deploy SMPVs for enforcement of safety laws for heavy trucks.
89
The use of SMPVs shall be limited to:
Highways experiencing safety problems related to heavy trucks, and highway identified with high incidents of fatalities or injuries, regardless of vehicle type.
90
What uniform shall an officer wear while operating an SMPV?
Official uniform, or the utility uniform if completed Level 1 Commercial Training.
91
Who determines the amount of beat responsibility for SMPVs?
Commander.
92
What shall be entered into the special box for 215s issued by SMPV officers?
66
93
What should officers do when requested to provide an escort for motorists transporting ill or injured persons?
Call an ambulance or, if time is critical, transport the person to the nearest emergency hospital.
94
Can a fully enclosed, three wheeled vehicle be operated in an HOV lane exempt from 21655.5VC?
No.
95
Are mass transit buses permitted in HOV lanes regardless of number of occupants?
Yes. Could be just the driver.
96
Can a mass transit supervisor's vehicle or maintenance vehicle operate in the HOV lane regardless of number of occupants?
Yes. Must be responding to emergency or broken down bus (same company) that is blocking the HOV lane.
97
Who is normally transported in a Paratransit bus?
Disabled and elderly persons.
98
Zero and Low Emission Vehicles must display how many "clean air" stickers, and can they operate in the HOV lanes regardless of number of occupants? What color are the stickers?
3 stickers / yes. White color stickers
99
Zero and Low Emission Vehicle stickers have an identifying number that is also located where?
Registration.
100
Under what condition are hybrid vehicles allowed to operate in HOV lanes regardless of occupancy?
Must get 45 mph or more.
101
How many "Access OK" stickers must be placed on hybrid vehicles, and what color are they?
4 stickers / yellow.
102
Are physicians exempt from speed laws?
Yes, when responding to an emergency if displaying the proper insigne sticker near the rear license plate. Does not provide an exemption from maximum speed limits.
103
Is the Department responsible for enforcing rules and regulations for vista points and rest areas?
Yes.
104
Are people allowed to sell, offer for sale, display, and merchandise, food, or services in a vista point or rest area?
No, prohibited by the Streets and Highways Code.
105
Can enforcement action be taken in a vista point or rest area that is outside of the freeway right or way?
Yes. 22520.6 VC.
106
Motorcyclists must always wear a helmet, both on and off highway.
False. On a highway only.
107
Certified motorcycle safety helmets must meet what standards?
Federal Motor Vehicle Safety Standards FMVSS.
108
What must motorcycle helmets have printed on the outside?
DOT
109
What types of motorcycles exempt the rider from wearing a helmet?
3 wheeled, fully enclosed. Must not be less than 7' long and 4' wide. Must have an unladen weight of 900 lbs or more.
110
Do passengers in a motorcycle sidecar have to wear a helmet?
Yes, when operated on a highway.
111
Officers should or shall not attempt to determine if a helmet meets federal standards prior to or during a traffic stop?
Shall not.
112
Officers should or shall not seize any helmet as evidence to prove that it does not meet federal standards?
Shall not.
113
In regards to motorcycle helmet enforcement, what shall officers focus on?
Riders not wearing a helmet; riders wearing what is obviously not a motorcycle safety helmet.
114
Officers should or shall not cite motorcycle riders for not wearing a helmet when the no-nuse was incidental to off-highway use while crossing a highway?
Should not.
115
Do Vehicle Code violations that are specific to motor vehicles apply to bicycles?
No. A bicycle is not a motor vehicle.
116
What is the Vehicle Code section for DUI on a bicycle? Does it apply on and off highway?
21200.5 VC / upon a highway only.
117
Are bicyclists permitted to ride abreast of one another on a highway.
No, unless passing.
118
When there is a bicycle lane, must bicyclists use it?
Yes, if moving at a speed less than normal speed of traffic.
119
How can children be transported on a bicycle?
If 4 years or younger, and 40 lbs or less, must ride on a seat that is mounted separate from the operator's seat
120
Do passengers on a bicycle have to wear a helmet?
Yes, if under 18 years and the bike is operated on a highway, bikeway, or other public bicycle path.
121
What is a motorized scooter?
2-wheeled device that has handlebars, a floorboard to be stood upon, and a motor. It can also have a seat as long as it doesn't interfere with the ability to stand and ride.
122
Are operators of motorized scooters required to be licensed?
Yes, class C or M.
123
Does DUI on a motorized scooter apply on and off highway?
Upon a highway only.
124
How do bicycle lanes affect operators of motorized scooters?
Must ride in the bicycle lane when there is one, except to make left turn.
125
What are the conditions that prohibit the operation of a motorized scooter?
The following conditions: Operator not properly licensed. On a highway with speed limit over 25 mph unless in a class II bicycle lane. With any passengers. When not wearing a bicycle helmet. When carrying anything that prevents at least one hand from being on the handle bars.
126
Is there a maximum speed for which motorized scooters can be operated?
15 mph.
127
Where are pocket bikes allowed to be operated?
Private property only.
128
Is an Electric Personal Assistive Mobility Device (Segway) a motorized scooter? If not, what then?
No. It is defined as a "pedestrian."
129
Is an EPAMD required to have safety equipment?
Yes. Reflectors, brakes, white light (if operated at night), and horn.
130
How is the operation of an EPAMD regulated?
By local ordinance. Officers shall enforce local ordinances for EPAMDs if they exist.
131
What is a Low-Speed Vehicle?
Other than a motor truck, has 4 wheels, unladen weight of 1800 lbs or less, and is capable of a top speed of between 2 - 25 mph.
132
Are all golf carts LSVs?
No. LSVs are certified by the manufacturer as complying with FMVSS for LSVs.
133
Do LSVs have a 17 digit VIN?
Yes.
134
Do LSVs have seatbelts?
Yes, lap or lap and shoulder belt installed at each seating position.
135
What happens if an LSV is traveling in excess of 25 mph?
No longer entitled to the relaxed equipment standards, and must comply with all VC requirements.
136
LSVs are limited to operating on highways with a speed limit of how many mph or less.
35 mph.
137
LSVs can legally cross highways with speed limits in excess of 35 mph.
True.
138
Is the Department responsible for off-highway enforcement of the VC?
No.
139
Off-highway vehicle complaints should be referred to which agency?
Local police or sheriff.
140
FMVSS require that passenger cars manufactured after which date, and motortrucks and housecars manufactured after which date must have seatbelts?
January 1, 1968 / January 1, 1972.
141
What is a farm labor vehicle?
Any motor vehicle designed or maintained to transport 9 or more farm workers, in addition to the driver, to and from a place of employment.
142
What is a housecar?
Any motor vehicle designed or altered and equipped for human habitation.
143
What is a pickup truck?
A motor truck with a GVMR or less than 11,500 lbs and an unladen weight of less than 8,100 lbs. Must have an open, box type bed not exceeding 9 feet.
144
What is the best source to determine the proper usage of a safety belt in a vehicle?
The manufacturer's literature (owner's manual).
145
How is "proper use" of a safety belt defined by the Department?
As designed and intended by the manufacturer. (Governed by strict federal standards)
146
What are the exemptions for seatbelt use?
The following are exemptions: 7
- Taxicab drivers on city streets when transporting paying passengers.
- Rural postal carriers engaged in delivery.
- Newspaper deliverers engaged in delivery
- Persons with certified physically or medically disabling condition; in possession and signed by physician, surgeon, or chiropractor.
- Public employees in AEV and any passenger behind the front seat.
- Passengers in a sleeper berth.
- Garbage collector actually engaged in collection.
147
Should the driver be cited for passengers 16 years old and over who are not wearing a seatbelt?
Yes, when the passenger has also been cited.
148
Can a child less than 6 years old and less than 6 lbs be transported in an AEV without the use of a child safety seat?
Yes, but must be seatbelted.
149
Children under 6 years and 60 lbs must be in the backseat unless:
The following exceptions: 6
There is no rear seat.
Rear seats are side facing jump seats.
Rear seats are rear-facing.
Restrain system can't be properly installed in the back seat.
All rear seats are occupied by children under 12 years old.
Medical reasons necessitate.
150
Under what conditions is a child prohibited from riding in the front seat?
Any of the following conditions if there is an active airbag on front passenger side: Child is under the age of 1. Child weighs less than 2 lbs. Child rides in a rear-facing child seat.
151
Children must be in a restraint system when riding in a sleeper berth.
True.
152
Officers should or shall not recommend the use of a particular child restraint system?
Shall not.
153
Under what conditions can a person be transported in the back of a pickup truck or flatbed truck?
Any one of the following: 4- Secured in a federally approved restraint system. Directed by a public agency in response to an emergency. Truck owned by farmer or rancher, includes incidental use on a highway for up to one mile. Must be going from one part of the farm or ranch to another. In a parade supervised by a law enforcement agency. Restricted to 8 mph or less.
154
Officers should or shall cite for financial responsibility violations?
Shall.
155
Violations of providing false evidence of FR should or shall be investigated through the complaint process?
Shall.
156
When can owner's responsibility citations be issued for FR?
When there is an employee / employer relationship with the driver and the owner.
157
Officers should or shall accept any evidence of FR as long as it is presented in written form?
Shall.
158
What section authorizes a peace officer to issue a 215 from a traffic collision not observed by the officer?
40600 VC.
159
Is a 215 issued pursuant to 40600 VC considered an arrest?
No.
160
If a violator refuses to sign a 215 per 40600 VC, is there authority to arrest?
No. Write "refused to sign" in the signature box, or do complaint process.
161
If a postal carrier is arrested, officers should impound the postal vehicle.
False. The nearest postal authority shall be notified for disposition of the vehicle. The vehicle and its contents shall be safeguarded until released to the postal service.
162
A person engaged in transporting US mail is not subject to state traffic laws.
False. The driver must abide by state traffic laws.
163
A person must have a permit issued by the Dept of Parks and Recreation to park in a Sno-Park area.
True.
164
Which agency has primary patrol and enforcement responsibility at Sno-Park sites?
CHP.
165
Is there Sno-Park permit reciprocity?
Only with Oregon.
166
The Vehicle Code regulates the blocking of grade crossings by railroads.
False. There is no codified law regarding blocked grade crossings by railroads.
167
The Public Utilities Commission regulations state that a train, other than a passenger train, that is blocking a public grade crossing must open the crossing within how long unless there are no vehicles or pedestrians waiting?
10 minutes.
168
There is no time crossing restrictions for a moving train going in the same direction.
True.
169
What should officers do upon observing crossing violations by trains?
Document incident on a memorandum and submit to Area Commander. Do not issue a 215.
170
Does a disabled person from a foreign jurisdiction have the privileges for disabled persons in California?
Yes. Must have disabled placard or license plate from foreign jurisdiction.
171
Which document shall be used for parking violations?
CHP 267.
172
To release a vehicle impounded for 14602.6 VC to a repossessor, what must the repossessor present to the Area office?
Lawful foreclosure document; and a copy of the security agreement or title showing ownership.
173
What must the Legal Owner present to have a vehicle released impounded for 14602.6 VC?
Valid identification with photo; and title or contract and an affidavit of reposssession.
