Policy 5/207.00 Driving/Vehicle Procedures

Question 1

Department Vehicle Collisions:

Incident is defined as:

A non-injury collision of a minor nature and/or when the collision does not meet the statutory requirements of an accident, and/or meets any of the following criteria:

Answer 1

1. Results in the total damage to involved vehicles of less than $750 (only Traffic Officers are authorized to complete an incident report involving citizens vehicles).
2. Involves LVMPD property vs. LVMPD property (minor to moderate damage).
3. Damage occurred on private property or any police or LVMPD owned/operated parking lot and does not involve a citizen’s vehicle. NOTE: If reckless driving or DUI is involved, the officer will be subject to additional charges under the appropriate state laws, county or city ordinances.
4. Involves single vehicle damage on or off a main roadway (i.e. rim damage from curb, broken oil pan from bottoming out, etc.).
5. Involves single vehicle damage vs. a structure (a structure consists of anything other than a vehicle) with no apparent damage or minor damage (i.e. pole, large rock, etc.).
6. Training incidents.

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Question 2

Department Vehicle Collisions:

A finding that an employee involved in a collision may be at fault, but that the accident was unavoidable or excusable considering all the circumstances is called what?

Answer 2

Excusable.

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Question 3

Department Vehicle Collisions:

A finding that an employee involved in a collision violated department policies, procedures, training standards, or traffic laws is called what?

Answer 3

Preventable.

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Question 4

Department Vehicle Collisions:

A finding that an employee involved in a collision performed in accordance with department policies, procedures, training standards, and traffic laws is called what?

Answer 4

Non-Preventable.

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Question 5

Department Vehicle Collisions:

Any collision, regardless of injuries sustained or damage amount totals, occurring during training/in the training environment on private property is called what?

Answer 5

Training Incident.

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Question 6

Reporting Department Vehicle Collisions:

All traffic accidents involving department vehicles will be thoroughly investigated by who?

Answer 6

The Traffic Bureau and administratively reviewed by the Accident Review Board.

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Question 7

Reporting Department Vehicle Collisions:

Traffic incidents will be investigated by who?

Answer 7

A commissioned supervisor responsible for the area where the incident occurred, if available, or by a Traffic supervisor and administratively reviewed by the Accident Review Board.

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Question 8

Reporting Department Vehicle Collisions:

Can a member investigate collisions in which they are involved?

Answer 8

No. Members WILL NOT investigate collisions in which they are involved.

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Question 9

Reporting Department Vehicle Collisions:

An employee involved in a traffic collision while driving a department vehicle is subject to the following guidelines:

Answer 9

1. When an employee strikes an object such as a median, curb or pole, and sustains reportable damage to either the department vehicle or the object struck, which results in an injury and/or the damage is $750 or more, and no other vehicles are involved, that employee may be issued a citation. Mitigating or aggravating circumstances should be considered when determining if a citation is to be issued (including failure to wear a seatbelt for any vehicle occupant, as appropriate). The employee will be subject to a review by the ARB or the chain of command, as appropriate.
2. When an employee strikes another department vehicle, there may be a citation issued by a Traffic supervisor, and the employee will be subject to a review by the ARB or the chain of command, as appropriate (determined by the definitions above).
3. When an employee strikes and damages government property (i.e. light poles, traffic signs etc.) or private property (i.e. mailboxes, landscaping, fences etc.) and it is determined that the employee is the at-fault driver, a citation may be issued by Traffic supervisor and employee will be subject to review by the ARB or the chain of command, as appropriate.
4. When an employee driving a department vehicle strikes a pedestrian or a citizen’s vehicle, which results in an injury and/or the damage is $750 or more, and it is determined that the employee operating the vehicle is the at-fault driver, a citation WILL BE issued. The citation will be issued by Traffic supervisor and the employee will be subject to a review by the ARB.

Question 10

Investigation of Department Vehicle Collisions and Reporting Damage to Specialty Vehicles, EVOC Vehicles and Motorcycles During Training:

Supervisors Report of Department Vehicle Incident, LVMPD Form 393, this investigation and report is used for minor (less than $750 total damage), non-injury department vehicle incidents.

If a vehicle has apparent collision or undercarriage damage which has not been reported, the immediate supervisor will complete the incident report and investigation and report the findings to who?

Answer 10

The Area/Bureau Commander, ARB, and Fleet Services.

These findings will be documented on LVMPD Form 393, Supervisors Report of Department Vehicle Incident. A copy of the report will be forwarded to the Fleet Operations Bureau, the Risk Manager, and the ARB.

Fleet Operations Bureau will not begin vehicle repairs without an Event number from the accident report and approval from the Risk Manager or ARB showing the accident damage has been documented and is on file.

Question 11

Investigation of Department Vehicle Collisions and Reporting Damage to Specialty Vehicles, EVOC Vehicles and Motorcycles During Training:

Damage incurred to a specialty vehicle, EVOC vehicle or motorcycle during training which requires that vehicle to be taken out of service for repair will be documented on a Supervisors Report of Department Vehicle Incident LVMPD Form 393 and will also require an Officer’s Report in Blue Team prior to the end of the employee’s shift (completed by the employee’s supervisor if the employee is incapacitated).

Both must have the same Event number.

True or False?

Answer 11

True.

Question 12

Investigation of Department Vehicle Collisions and Reporting Damage to Specialty Vehicles, EVOC Vehicles and Motorcycles During Training:

All commissioned and full-time and temporary civilian employees involved in an incident shall:

Answer 12

1. Notify the immediate supervisor and the Communications dispatcher immediately, whether occurring on public or private property, or off-road.
2. Prior to moving any vehicle involved in the incident, notify the Traffic supervisor, immediate supervisor, or a commissioned area supervisor, via radio of the hazard requiring the movement of the vehicles.
3. Report details of the incident (officers via the Accident Report in Blue Team and civilians via memo) through the chain of command to the Bureau/Area Commander, EVOC staff, and Fleet Operations Bureau.

Question 13

Investigation of Department Vehicle Collisions and Reporting Damage to Specialty Vehicles, EVOC Vehicles and Motorcycles During Training:

A Bureau Level Investigation, the Commissioned Supervisor shall:

Answer 13

1. Complete an LVMPD Form 393, Supervisors Report of Department Vehicle Incident, when it is determined that it falls within the criteria of the definition of “Incident” above. If not, notify Traffic Bureau to respond. It will be the same area Patrol Supervisor’s responsibility to respond, determine and complete, if applicable, the LVMPD Form 393 when a civilian department member is involved in an incident.
2. Photograph or have the area photographed, to include the accident damage and any pertinent evidence (i.e. view obstructions, construction area, surface conditions, etc.) and forward the reports the Bureau/Area Commander, through the chain of command for final disposition.
3. Advise commissioned personnel involved in the incident to complete an Accident Report in Blue Team prior to the end of the officer’s shift (completed by the officer’s supervisor if the officer is incapacitated). Advise civilian personnel to complete a memo prior to the end of the employee’s shift (completed by the employee’s supervisor if the employee is incapacitated).
4. For civilian employees, because only supervisors and above access Blue Team, will attach the department member’s memo to the Accident Report when they enter the incident into Blue Team.
5. Forward copies through the chain of command to the bureau/area commander/director, EVOC staff, the ARB, and Fleet Operations Bureau.
6. Direct member to contact Risk Manager with any inquiries.

Question 14

Department Vehicle Accidents, NHP 5, and Department Vehicle Incident Reports, LVMPD Form 42:

Department vehicle accidents, any incident involving a citizen vehicle, P.I.T., or any related collisions that does not meet the definition of “Incident” above will be investigated by the Traffic Bureau.

The member involved in the accident shall:

Answer 14

1. Notify the immediate supervisor to respond and the Communications dispatcher immediately, whether occurring on public or private property, or off-road.
2. Prior to moving any vehicle involved in the accident, notify the Traffic supervisor, immediate supervisor, or a commissioned area supervisor, via radio of the hazard requiring the movement of the vehicles.
3. commissioned officers involved must complete an Officer’s Report in Blue Team prior to the end of the officer’s shift (completed by the officer’s supervisor if the officer is incapacitated). Civilian employees must complete a memo prior to the end of their shift and forward it to their supervisor who will attach it to the Accident Report in Blue Team. (The memo will be completed by the employee’s supervisor if the employee is incapacitated).

Question 15

Department Vehicle Accidents, NHP 5, and Department Vehicle Incident Reports, LVMPD Form 42:

The member involved in an accident shall:

Answer 15

Report details of the accident (officers by Accident Report in Blue Team and civilians by memo) prior to the end of the member’s shift (completed by the member’s supervisor if the member is incapacitated) through the chain of command, with copies to the Risk Manager, EVOC Staff, Fleet Operations Bureau, and the Traffic Bureau.

Question 16

Accident Review Board:

The ARB will evaluate the causes of accidents involving department vehicles. The board will determine if department policies, procedures, training standards, or traffic laws have been violated, and assess appropriate disciplinary action/training when warranted.

True or False?

Answer 16

True.

Question 17

Accident Review Board:

The members of the ARB will be recommended to the Special Operations Division Deputy Chief. Upon approval by the Special Operations Division Deputy Chief, the board will be composed of the following:

Answer 17

1. The Traffic Bureau Commander will serve as Board Chairperson.
2. A Patrol Division Lieutenant.
3. An Investigative Services Division Lieutenant.
4. A Civilian member in Pay Schedule 49 or higher (required only for accidents involving civilian employees).
5. The Risk Manager.
6. The Lieutenant in charge of the Driver Training Section.

Question 18

Accident Review Board:

All members of the board must be present for the ARB to meet, except the civilian member who will only be present for those accidents involving civilian employees.

For each position on the board, alternates can be appointed by the Special Operations Division Deputy Chief.

True or false?

Answer 18

True.

Question 19

Accident Review Board:

The employees immediate supervisor will attend the ARB as indicated below. However, they will not be present during the voting process. Bureau/Area Commanders may, at their discretion, attend ARB hearings involving employees under their command.

Commanders may provide recommendations to the board. However, they will not be present during the voting process.

Labor Association representatives may also attend the ARB to represent a member. However, they will not be present during the voting process.

True or False?

Answer 19

True.

Question 20

Accident Review Board:

The ARB will convene to determine the cause of department vehicle accidents/incidents, with findings that the actions of drivers were excusable, non-preventable, or preventable for:

Answer 20

1. Minor or moderate damage to all property as a result of the accident/incidents (where discipline may result), the board will require the employee to attend, as well as the employees FTO, if applicable.
2. Major damage to all property or minor injury as a result of the accident, the board will require an appearance by the employee and require the attendance of the employees immediate supervisor and next level of supervision as well as the employees FTO, if applicable.
3. Substantial bodily injury or death, as a result of the accident, the board (Alternant Board) will require an appearance by the employee’s, the employees Bureau/Area Commander, the employee’s immediate supervisor, the employees FTO, if applicable, and an employee representative if the employee so chooses.

Question 21

Accident Review Board:

Failure to appear before the ARB, when so directed, WILL subject the member to _______ _______, and does not prevent the board from rendering a decision.

Answer 21

department discipline

Question 22

Accident Review Board:

The ARB Chairperson will ensure that the employee and the respective association receives notification of the ARB hearing date and time as well as those who will be in attendance a minimum of _____ hours prior to the scheduled date and time of the hearing.

Answer 22

48 hours

Question 23

Accident Review Board:

The Accident Review Board shall:

Answer 23

1. Ensure the “Garrity Warning” is read to the employee whenever the employee appears before the board.
2. Determine after the hearing, if there has been a possible violation of department procedures, training standards, or traffic laws relating to vehicle operation.
3. Assess discipline action, when appropriate, via the LVMPD PD 2E, Accident Review Board Adjudication, to the employee’s supervisor for implementation. Once signed, the adjudication will be returned to the ARB for verification and then forwarded to Labor Relations. If the employee is covered by the PMSA collective bargaining agreement and the recommended discipline is either 40 hours or termination, the supervisor will forward the adjudication through the chain of command to the appropriate Assistant Sheriff to request that a Discipline Board be convened to consider the matter.

Question 24

Accident Review Board:

The Alternate Review Board shall:

Answer 24

1. When serious bodily injury (as defined in 6/000.02) or death occurs, and in cases involving Captains and above, the Alternate Accident Review Board will evaluate the cause of the accident and determine if disciplinary action is appropriate. In these instances, the board will require an appearance by the employee, the employee’s immediate supervisor, and an employee representative, if the employee so chooses.
2. The Alternative Board will be composed of three Deputy Chiefs, with the Assistant Sheriff of Law Enforcement Operations, or his designee, serving as chairman.
3. The chairman of the primary board will serve as administrative liaison to the alternative board. Liaison duties will include making employee notifications, providing information, and maintaining reports.

Question 25

Accident Review Board:

Decisions on recommended administrative discipline:

Answer 25

1. An employee receiving discipline as the result of a department vehicle accident may file a grievance according to PPA, PMSA or PPACE, which ever is appropriate to the employee being disciplined.
2. Prior to changing or reducing discipline which was administered by the ARB, Bureau/Area Commanders may contact the ARB chairperson to receive input and an explanation as to why the discipline was given. Bureau/Area Commanders may review the employees ARB file maintained at the Traffic Bureau.
3. If the employee is covered by the PMSA collective bargaining agreement and the recommended discipline is either 40 hours or termination, the Bureau/Area Commander will forward adjudication through the chain of command to the appropriate Assistant Sheriff to request that a Discipline Board be convened to consider the matter.
4. Once all grievances and/or disciplinary steps have been taken, copies of the final dispositions will be forwarded to the ARB for inclusion into the employee’s file. The ARB will report all disciplinary action to the Office of Labor Relations for tracking purposes.